What can be sentenced for traffic accident crimes?

Judicial interpretations and sentencing standards for traffic accident crimes.

There was no hit-and-run, and it was not illegal driving.

If you have money, it's easy to do

As long as you're willing to lose money.

There should be no sentence.

First of all, I would like to express my sincere sympathy for your father's matter. However, according to the law, your dad may be convicted of a traffic accident. The judicial interpretation of the Supreme People's Court stipulates that a person who dies as a result of violating traffic laws and bears the main responsibility for the accident shall constitute the crime of causing a traffic accident and shall generally be sentenced to fixed-term imprisonment of not more than three years.

It is recommended that you do a good job of compensation and get a suspended sentence.

His uncle's dad killed you! He deserved to die!

It's good that his whole family is dead!

Yay! One by one, you can see the money!

1. Do all traffic accidents have to be sentenced?

1. The crime of causing a traffic accident shall be sentenced. The sentences are as follows:

1) Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;

2) Whoever escapes after causing a traffic accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

3) Whoever causes death by escaping shall be sentenced to fixed-term imprisonment of not less than seven years.

2. 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, 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, 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.

2. What are the elements for the crime of causing a traffic accident to constitute Danran Town?

1. The object of the crime of causing a traffic accident. It refers to the major transportation safety protected by the criminal law. Because only if a traffic accident is caused and has major consequences, the crime of traffic accident is constituted.

If it is only a traffic accident without causing major consequences, it does not constitute this crime, and it is also not a social relationship protected by the criminal law, and cannot constitute the object of the crime of causing a traffic accident;

2. The objective aspect of the crime of causing a traffic accident is manifested in the perpetrator's violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property;

3. The subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility. In practice, the main model is rough, and it is necessary to be a person engaged in transportation. Whether the crime of traffic accident is established in a case where a person under the age of 16 and over the age of 14 causes an accident by driving a motor vehicle and causing a major accident;

4. The subjective aspect of the crime of traffic accident is negligence. It is both negligent and overconfident. The negligence emphasized in the crime of traffic accident refers to the actor's mental attitude towards the serious consequences of the accident, and as for the duty of care for violating the traffic and transportation management regulations, it may be either knowingly committed or negligent, which does not affect the establishment of the crime of traffic accident.

If the perpetrator subjectively has an intentional mental attitude towards the serious consequences caused by his act, then the act should be punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of causing a traffic accident.

The punishment for the crime of causing a traffic accident will be increased under the following circumstances: fleeing after a traffic accident or there are other particularly heinous circumstances; or the death of a person by escaping. If he escapes after causing a crime, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Anyone who causes death as a result of escape shall be sentenced to imprisonment for 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 that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term 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 the death of a person by escaping shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 2 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.

In any of the following circumstances, a person shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention for selling the state

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and having no ability to collapse and compensate for the amount of 300,000 yuan or more.

The crime of causing a traffic accident is punishable by 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 escaping from shelter shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133 of the Criminal Law? Crime of causing traffic accidents: Whoever violates the laws and regulations on the management of traffic 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 short-term 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.