Consult Traffic Hit and Run Convictions

How to punish traffic hit-and-run.

Legal analysis: According to the provisions of relevant laws, if the perpetrator violates traffic and transportation management regulations, and a major accident occurs, causing serious injury or death, or causing major losses to public or private property, he 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 basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation 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 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.

Article 133-1 of the Criminal Law of the People's Republic of China Anyone who drives a motor vehicle on a road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, where the circumstances are heinous;

2. Leakage and burial) 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.

1. How to determine the crime of traffic hit-and-run.

1. The determination of the crime of traffic hit-and-run is as follows:

1) Knowing that a traffic accident has occurred, the party involved in the traffic accident drives or abandons the vehicle to flee the scene of the accident;

2) The parties involved in the traffic accident believe that they are not responsible for the accident and drive away from the scene of the accident;

3) The parties involved in the traffic accident are suspected of drunk and driving without a license, and do not perform the obligation to listen to the scene after reporting the case, and abandon the car and leave the scene of the accident and then return.

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.

Article 133bis.

Crime of Obstructing Safe Driving] Whoever uses violence against the driver of a moving public transport vehicle or grabs control of the driving control device, interfering with the normal driving of the public transport vehicle, 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.

Choose one of the heavier punishments] Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

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

1. The subject of the crime is a natural person who is at least 16 years old and has the capacity for criminal responsibility;

2. The object of infringement is transportation safety;

3. Subjective negligence;

4. Objectively, there must be a major accident that causes serious injury or death to a person or causes serious damage to public or private property.

How to determine a traffic hit-and-run: Knowing that a traffic accident has occurred, the party involved in the traffic accident drives or abandons the car to flee the scene of the accident; The parties involved in the traffic accident fled during the period of investigation; The parties involved in the traffic accident leave the scene and do not admit that the traffic accident occurred, but there is evidence to prove that they should have known that the traffic accident occurred, etc.

[Legal basis].Article 133 of the Criminal Law.

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 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 death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

The above is only the current information combined with my interpretation of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.