Can a suspended sentence be given for a traffic accident offense, and can a suspended sentence be gi

Where the conditions for a suspended sentence are met for the crime of causing a traffic accident, a suspended sentence may be given.

Legal basis] According to Article 72 of the Criminal Law, a suspended sentence may be declared for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence. If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

According to article 133 of the Criminal Law, a person who 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: A suspended sentence may be given to a fixed-term imprisonment of less than three years or short-term detention for the crime of causing a traffic accident. In the event of a traffic accident resulting in serious injury or death, a sentence of up to three years imprisonment or short-term detention is generally imposed.

A suspended sentence may be given to a person sentenced to imprisonment of less than three years if there is an expression of remorse, there is no danger of recidivism, or the circumstances of the crime are relatively minor.

Legal basis: Criminal Law of the People's Republic of China: Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75: (1) the circumstances of the crime are relatively minor; 2) Expressions of remorse; 3) There is no risk of recidivism; 4) The probation is declared to have no significant adverse impact on the community in which the person resides.

A suspended sentence may be announced, based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, and contacting specific people during the probationary period of probation. If a criminal who has been given a suspended sentence by Infiltration Que Kai is sentenced to a supplementary sentence, the supplementary sentence must still be enforced. 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 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 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 quota of passengers called, 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.

The conditions for the application of a suspended sentence are: (1) the circumstances of the crime are relatively minor; 2) Expressions of remorse; 3) There is no risk of recidivism; 4) The probation is declared to have no significant adverse impact on the community in which the person resides. Article 133 of the Criminal Law of the People's Republic of China stipulates that whoever violates the laws and 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.

Therefore, the crime of traffic accident can also be sentenced to probation if it meets the conditions of probation. The law stipulates: Article 72 of the Criminal Law of the People's Republic of China: For criminals sentenced to short-term detention or up to three years imprisonment, a suspended sentence may be announced if the brother meets the following conditions at the same time, and a suspended sentence shall be announced for those who are under the age of 18, pregnant women, and those who have reached the age of 75:

1) The circumstances of the crime are relatively minor; 2) Expressions of remorse; 3) There is no risk of recidivism; 4) The probation is declared to have no significant adverse impact on the community in which the person resides.

Legal basis] Article 66 of the Criminal Procedure Law of the People's Republic of China: When a public security organ requests the arrest of a criminal suspect, Bo Zhengxing shall write a written request for approval of arrest, and transfer it to the people's procuratorate at the same level for review and approval, together with the case file materials and evidence. When necessary, the people's procuratorate may appoint personnel to participate in the public security organs' discussions of major cases.

Those suspected of causing traffic accidents may be given a suspended sentence, provided that the following conditions are met, that is, the perpetrator is sentenced to short-term detention or fixed-term imprisonment of not more than three years; The circumstances of the offence are relatively minor; There is no danger of recidivism; and conditions such as having a manifestation of repentance.

[Legal basis].Article 72 of the Criminal Law of the People's Republic of China.

Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment who also meet the requirements listed below, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) Declaring that the suspended sentence will not have a significant adverse impact on the community in which they reside.

Article 133.

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 driver 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.

Can a suspended sentence be imposed for a traffic accident? This question is needed. Of course, if the law is met, a suspended sentence can be imposed.

In accordance with the provisions of the law, the conditions for a suspended sentence are as follows, and according to article 72 of the Criminal Law, a criminal sentenced to fixed-term imprisonment of less than three years of short-term detention may be sentenced to a suspended sentence if the following conditions are met at the same time. Suspended sentences shall be given to persons under the age of 18, pregnant women and persons who have reached the age of 75. Where the circumstances of the crime are relatively minor, there are expressions of remorse, there is no danger of recidivism, and it is announced that the suspended sentence has no major negative impact on the community in which they live, a suspended sentence may be given.

To be given a suspended sentence, a criminal must be sentenced to short-term detention or a fixed-term sentence of three years, and the suspended sentence must be applied to a criminal who has truly repented and is not imprisoned and will no longer endanger society. Probation is not available for repeat offenders, and probation does not require a bond, but a fine is required.

Legal basis] Criminal Law of the People's Republic of China

Article 133:Where the crime of causing a traffic accident violates the regulations on the administration of traffic and transportation, thereby causing a major accident, causing serious injury or death to a person or 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.

A suspended sentence may be given for the offence of causing a traffic accident if the conditions for a suspended sentence are met. The conditions under which probation applies are as follows:

1. The circumstances of the crime are relatively minor;

2. Showing remorse;

3. There is no danger of recidivism;

4. It is declared that the suspended sentence of Jing Ant will not have a significant adverse impact on the community in which he lives.

The forms of liability for traffic accidents are divided into the following two situations:

1. The general crime of traffic accident is negligence, which may be negligence or overconfidence;

2. It may be an aggravated circumstance as a result of the crime of dangerous driving, or it may be an imaginary conflict with the crime of dangerous driving.

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, 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.

Those who are sentenced to fixed-term imprisonment of not more than three years or short-term detention for the crime of causing traffic accidents may be given a suspended sentence. According to the law, criminals sentenced to short-term detention or up to three years imprisonment may be repentant and sent a suspended sentence if they meet the requirements that the circumstances of the crime are relatively minor, they have shown remorse, they have not committed another crime, and the suspended sentence has no major negative impact on the community in which they live.

[Legal basis].

Article 72 of the Criminal Law provides that a suspended sentence may be announced for criminals sentenced to short-term detention or up to three years imprisonment who meet the following conditions at the same time, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75: (1) the circumstances of the crime are relatively minor; 2) Expressions of remorse; 3) There is no risk of recidivism; 4) The probation is declared to have no significant adverse impact on the community in which the person resides.