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Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates that if a party escapes after a traffic accident, the party who escaped shall bear full responsibility, but if there is evidence to prove that the other party is also at fault, the liability may be reduced. What is said here"Liability"It refers to civil liability, which is what we usually call liability for compensation.
The law establishes this liability as presumed fault. Because the scene of the accident was damaged due to the escape of the party, it is difficult for the traffic management department to determine the responsibility for the accident, and it is first presumed that it is at fault and bears all the responsibility for the accident.
Administrative responsibility, the second paragraph of Article 101 of the Road Traffic Safety Law of the People's Republic of China stipulates: If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life. This provision is an administrative sanction for a person who has escaped from a traffic accident, and his or her driver's license will be revoked and cannot be obtained again for the rest of his or her life, regardless of the consequences of the traffic accident.
Criminal responsibility, Article 133 of the Criminal Law of the People's Republic of China stipulates that anyone who commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Hit-and-run after a traffic accident is an aggravating circumstance, and the Criminal Law provides for a heavier sentence. It should be mentioned that Article 6 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" provides that "if the perpetrator hides or abandons the victim after taking the victim away from the scene of the accident after a traffic accident to avoid legal prosecution, resulting in the death or serious disability of the victim who cannot be rescued, he shall be convicted and punished for the crime of intentional homicide or intentional injury", the statutory maximum penalty for causing death due to escape in a traffic accident is 15 years, and the statutory maximum sentence for intentional homicide is the death penalty.
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Hello, depending on the severity of the case, if there is no serious injury or death, the sentence will generally not be imposed.
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If it has not yet constituted a crime, the traffic management department of the public security organ may impose an administrative penalty of a fine of not less than 200 yuan but not more than 2,000 yuan. The traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life. Where a crime is constituted, and fleeing after causing a traffic accident or there are other especially heinous circumstances, a sentence of between 3 and 7 years imprisonment is to be given.
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Legal Analysis: Whoever violates traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven empty trousers; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has particularly heinous circumstances, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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Legal Analysis: If a person who hits and kills a person by driving and escapes bears primary or full responsibility for the accident, or bears equal responsibility for the accident, but causes the death of three or more people, it constitutes a crime and is sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. if it does not constitute a crime, it shall only bear civil liability for compensation.
Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
Criminal Law of the People's Republic of China Article 133 Whoever violates the regulations on the management of transportation, rental, transportation, and transportation, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years, or shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be sentenced to fixed-term imprisonment of not less than seven years, shall be sentenced to fixed-term imprisonment of not less than seven years.
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Legal Analysis: Serious injury or death in violation of traffic and transportation management regulations shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years after a hit-and-run. If it does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death to a hailstorm or causes major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine:
1) Chasing and racing, where the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety. Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
Article 133-2 Whoever uses violence or grabs control of a driving control device against a driver of a moving public transport, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. Where the drivers provided for in the preceding paragraph leave their duties without permission on public transportation that are driving in Jixiansheng, and fight or assault others with others, endangering public safety, they shall be punished in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
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Hit-and-run is punishable by up to 3 years imprisonment or short-term detention and burial. The crime of causing a traffic accident refers to a criminal act that violates road traffic management laws and regulations, causes a major traffic accident, causes serious injury or death, or causes major losses to public or private property, and is investigated for criminal responsibility in accordance with the law.
The so-called "traffic hit-and-run" refers to the act of the perpetrator who has the following circumstances in a traffic accident and flees because he or she evades legal prosecution: (1) One person dies or three or more people are seriously injured, and he bears full or primary responsibility for the accident; (2) If there are three or more deaths, the person bears equal responsibility for the accident; (3) Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan; (4) Driving a motor vehicle after drinking or taking drugs, causing serious injury to one or more persons, and bearing full or primary responsibility for the accident; (5) Driving a motor vehicle without driving qualifications and causing serious injury to one or more persons, and bearing full or primary responsibility for the accident; (6) Driving a motor vehicle with incomplete safety devices or malfunctioning safety parts, causing serious injury to one or more persons, and bearing full or primary responsibility for the accident; (7) Knowingly driving a motor vehicle without a license or scrapped and causing serious injury to one or more people, and bearing full or primary responsibility for the accident; (8) Serious overloading of driving causing serious injury to more than one person, bearing full or primary responsibility for the accident.
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If a crime is constituted, the person who hits and escapes from this ruler shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the victim dies because of the perpetrator's escape behavior, Senshu will be sentenced to more than seven years in prison for the escape.
Note that not all hit-and-run accidents will constitute a crime, only if a traffic accident causes serious injury to more than one person, and the fleeing party bears full or main responsibility for the accident, will it constitute a traffic accident.
Legal basis] Article 133 of the Criminal Law, where a major accident occurs in violation of traffic and transportation management regulations, causing serious injury or death to a person or causing major losses to public or private property, a sentence of up to three years imprisonment or short-term detention is to be given; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.