A traffic accident that caused the death of one person is fully responsible How to pay the law Will

If a person is fully responsible for the death caused by a traffic accident, and a crime has been suspected, criminal responsibility shall be pursued and economic losses compensated.

Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates traffic and transportation management regulations and thus causes 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 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.

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 stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances:

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 being unable to compensate the amount of 300,000 yuan or more.

Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases and Article 16 of the Tort Liability Law of the People's Republic of China include the following items: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, ** expenses, follow-up ** expenses, funeral expenses, death compensation expenses, transportation expenses incurred by the victim's relatives in handling funeral matters, Other reasonable expenses such as accommodation expenses and loss of work, as well as solatium for mental damages.

In a word, as long as you can get the money, you don't have to go to jail.

Let's see if the other party can be private.

Hundreds of thousands of death compensations. Going to jail.

Generally, you can be private, but you have to pay hundreds of thousands.

One person who is solely responsible for the death of a traffic accident needs to go to jail. Because the death of full responsibility for the traffic accident has constituted the crime of traffic accident. Where a traffic accident results in the death of one person or serious injury of three or more persons, and the person bears full or primary responsibility for the accident, a sentence of up to three years imprisonment or short-term detention is to be given.

What are the constitutive elements of the crime of causing a traffic accident?

1. The object of the crime of causing a traffic accident. Refers to the major transportation safety that is protected. This is because only a traffic accident that causes a traffic accident and produces major consequences can constitute the crime of traffic accident.

If it is only a traffic accident without causing major consequences, it does not constitute the crime of causing a traffic accident, and it is also not a social relationship to be protected, 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, it is mainly people who are 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 psychological attitude of the perpetrator towards the serious consequences of the accident, and as for the duty of care for the violation of the traffic and transportation management regulations, it may be either knowingly committed or negligent, and does not affect the establishment of the crime of changing socks for traffic accidents.

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.

Legal basisArticle 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.

Legal Analysis] will not go to jail, because the liability for the death caused by a traffic accident is the same, and the driver will not go to jail if he does not have illegal driving behaviors such as drunk driving. Only those who bear full or primary responsibility for the accident will be punished with criminal penalties if the crime of causing a traffic accident is constituted. In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

1. One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident; 2. If three or more people die, they are equally responsible 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. Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident: 1. Driving a motor vehicle after drinking alcohol or taking drugs; 2. Driving a motor vehicle without driving qualifications; 3. Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components; 4. Knowingly driving a motor vehicle without a license or scrapped; 5. Driving with serious overload; 6. Fleeing the scene of the accident in order to evade legal prosecution.

Legal basis] Criminal Law of the People's Republic of China Article 133 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, he is to be sentenced to between three and seven years imprisonment with a slag auspicious term; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Article 133-1 Driving 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 posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to 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.

Many people will say, of course not, because compensation must be paid. However, we need to consider the issue of insurance, because traffic accidents are different from other crimes, it involves vehicles, there is insurance, and the vehicle has compulsory traffic insurance and commercial insurance that can be used for compensation.

According to article 133 of the Criminal Law, a person who violates road traffic laws and regulations and causes a traffic accident resulting in the death of one person shall be primarily or fully responsible for the crime of causing a traffic accident and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

In judicial practice, if the defendant bears full responsibility, he will generally be sentenced to about one and a half years imprisonment without the victim's forgiveness.

According to article 72 of the Criminal Law, a suspended sentence applies to a criminal who has been sentenced to fixed-term imprisonment of less than three years or short-term detention, and who at the same time has relatively minor criminal circumstances, has shown remorse, and the suspended sentence has no major adverse impact on the community in which he lives.

From the perspective of judicial practice, for the crime of traffic accidents, which is a typical crime of negligence, as long as the victim's losses are compensated and forgiveness is obtained, a suspended sentence can basically be given.

According to the relevant provisions of the interpretation of the Criminal Procedure Law, the tortfeasor, that is, the criminal suspect or defendant, who dies as a result of a traffic accident, is required to compensate the victim's relatives for death compensation and funeral expenses. If there are dependents, they will also be required to compensate for the living expenses of the dependents.

This is different from other criminal cases, where there is no compensation for death, disability, etc., but only for actual losses.

The reason for this regulation is also reasonable, that is, vehicles are generally insured, that is, compulsory traffic insurance and commercial insurance. As long as these two insurances are sufficient, the basic rights and interests of the victims can be fully protected. Of course, if the insurance amount is insufficient, the excess part will be borne by the tortfeasor.

However, unlike ordinary civil cases, if the court sentences or decides, because it involves a criminal case, according to the provisions of the relevant judicial interpretations, there will be no compensation for the crime of traffic accidents. In other words, in order to obtain a letter of understanding from the victim's relatives, in a general sense, it is necessary to compensate a part of the additional expenses to compensate for the spiritual solace.

Therefore, we can draw the following conclusion: if the insurance is not sufficient, it is not possible to only pay only jail time and not pay, because the difference still needs to be borne by yourself. Even if compensation is not made for a while, the relatives of the ultimate victim can apply to the court for enforcement.

However, if the insurance is sufficient, you can choose to go to jail and not pay compensation, because the corresponding court judgment can be borne by the insurance company. However, if this is the case, it is strongly recommended that you try to reconcile with the victim's relatives and obtain their understanding, after all, you will not get too much extra money. It is very cost-effective to buy tens of thousands of yuan for more than a year's relative freedom.

This kind of behavior is not feasible, because the traffic accident that causes the death of another person is quite corresponding to the criminal liability according to the specific circumstances, and it is also necessary to bear civil compensation, if it is only to give compensation, but do not want to go to jail, such an act is also not just, and it has also violated the relevant laws to clean up the fraud.

No way. There is no conflict between imprisonment and compensation, and the victim's family may file a lawsuit for civil compensation attached to the criminal case.

This is not feasible, even if you choose to go to jail, you have to pay financial compensation to the victim of the ruin, this financial compensation does not mean that you do not have to pay compensation if you go to prison. Fibrous cracks.

If the violation of the traffic and transportation management regulations causes the death of one person or seriously injures more than three people, the person who bears all or the main responsibility for the accident will constitute the crime of causing a traffic accident, and if it only causes the death of less than three people, and bears equal responsibility, it does not constitute a crime, and the person will be imprisoned, but he will still bear civil liability for compensation.

Legal basis] Article 133 of the Criminal Law, where a major accident occurs in violation of traffic and transportation management regulations, causing serious injuries or death, 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.

Half of the responsibility for the death caused by a traffic accident is not fully responsible, and you may go to jail. According to the provisions, a person who 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 constitute a crime, and a person who causes a traffic accident resulting in the death of three or more persons shall also be sentenced to fixed-term imprisonment of not more than three years or short-term detention if he bears equal responsibility for the accident.

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; Whoever escapes after causing a traffic accident or has other heinous circumstances that specifically refer to the service 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.

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 traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

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 being unable to compensate the amount of 300,000 yuan or more.

If a traffic accident causes death, half of the responsibility is not the full responsibility. Do you want to go to jail? If the liability for the death caused by a traffic accident is the same, and the driver does not have illegal driving behaviors such as drunk driving, he will not be imprisoned.

Only those who are fully or mainly responsible for the accident will be punished with criminal punishment if they are guilty of the crime of causing a traffic accident. According to Article 2 of the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents", a person who causes a traffic accident in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention: (1) one person dies or three or more persons are seriously injured, and 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 being unable to compensate the amount of 300,000 yuan or more.

In any of the following circumstances, where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident: (1) driving a motor vehicle under the influence of alcohol or drugs; (2) Driving a motor vehicle without driving qualifications; (3) Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism is out of order; (4) Knowingly driving a motor vehicle without a license or has been scrapped; (5) Driving seriously overloaded; (6) Fleeing the scene of an accident in order to evade legal prosecution. Is there anything else you don't understand?