Sentencing rules for traffic accidents, and standards for sentencing rules for traffic accidents

Sentencing for the crime of causing traffic accidents: 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, a sentence of between three and seven years imprisonment is to be given; Wait a minute.

Judicial interpretations and sentencing standards for traffic accident crimes.

Analysis of the Law of the People's Republic of China: According to Article 133 of the Criminal Law of the People's Republic of China of the People's Republic of China, the sentencing of the crime of causing traffic accidents is stipulated: 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 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.

Legal basis: The key to the crime of causing a traffic accident or not is whether the perpetrator is subjectively guilty, whether he has violated traffic and transportation management regulations, and whether there is a causal relationship between the violation of traffic and transportation management regulations and major traffic accidents. If there is no illegal act or there is no causal relationship, if the accident is caused solely by the victim not obeying traffic rules, jaywalking, or natural factors, such as landslides, ground cracks, storms, floods, etc., the crime of traffic accident should not be punished.

Legal analysis: Whoever causes serious injury or death to a person or causes major losses to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or Hongyou short-term detention; where they escape after the fact or have 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. Traffic accident refers to the situation in which the vehicle actor bears the corresponding responsibility for the accident if the vehicle actor collides, rolls, scrapes, rolls over, crashes, accidents, fires, etc., resulting in personal and property losses during driving.

Where the harm to society caused by a traffic accident reaches a certain level and meets the requirements for conviction as provided for in the Criminal Law, the criminal legal responsibility of the relevant responsible persons shall be pursued in accordance with law. The traffic management department of the public security organ shall, according to the role of the party's behavior in the occurrence of a traffic accident and the severity of the fault, determine the responsibility of the party.

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 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 there are other especially heinous circumstances where a person flees after causing a traffic accident or is carrying a fight, 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.

1. 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.

2. 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 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 an accident in order to evade legal prosecution.

Legal analysis: The sentencing penalty for the crime of traffic accident is up to 3 years imprisonment or criminal detention. Those who flee after knowing that a traffic accident occurred or have other especially heinous circumstances are to be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than 7 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.

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》 Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to up to three years imprisonment 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.

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 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 that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Article 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.

Legal Analysis: Sentencing Rules and Standards for Traffic Accident Crimes: In any of the following circumstances, a sentence of up to three years imprisonment or short-term detention is to be given:

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.

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) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components; 4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped; 5) Driving with serious overload; 6) Fleeing the scene of an accident in order to evade legal prosecution. 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 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 who causes a traffic accident 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 that the safety components of the vehicle are out of order; 4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped; 5) Driving with serious overload; 6) Fleeing the scene of an accident in order to evade legal prosecution.

Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the management of transportation through the Communicator and thus causes a major accident, causing serious injury, death 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.