What is the determination of an accomplice to the crime of traffic accident?

Paragraph 2 of Article 5 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 stipulates that "Where, after a traffic accident, the person in charge of the unit, the owner of the motor vehicle, the contractor, or the passenger instructs the perpetrator to escape, resulting in the death of the victim due to lack of assistance, he shall be punished as an accomplice to the crime of causing a traffic accident." ”

Legal Analysis: Where, after a traffic accident, the person in charge of the unit, the owner of the motor vehicle, the contractor, or the suspect in the car instructs the person who caused the accident to escape, causing the victim to die due to the lack of assistance, it shall be punished as an accomplice to the crime of causing a traffic accident.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" Article 5, Paragraph 2 Where, after a traffic accident, the person in charge of the unit, the owner of the motor vehicle, the contractor, or the passenger instructs the perpetrator to escape, causing the victim to die because he cannot be rescued, he shall be punished as an accomplice to the crime of causing a traffic accident.

1. Two or more persons must be two or more persons or units that have reached the age of criminal responsibility and have the capacity for criminal responsibility;

2. Joint criminal conduct, judging from the objective elements of the crime, each joint offender must have committed a joint criminal act;

3. Joint criminal intent. From the subjective aspect of the crime, for a joint crime to occur, two or more persons must have a common intent to commit the crime.

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. 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 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 a person who has reached the age of 14 causes an accident by driving a motor vehicle and causes 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.

Legal basisArticle 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, thereby causing serious injury or death to a person or causing major losses to public or private property, shall 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 death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

The accomplice to the crime of traffic accident is determined as follows: the offender must have a common criminal act. Be criminal.

Each co-offender must have the same mens rea. "Joint criminal intent" refers to the state of mind in which the co-offender realizes that his or her joint criminal conduct will endanger society, decides to participate in the joint crime, and hopes or allows the outcome of the quarrel. Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime, and criminal responsibility should be borne, and punishment is to be given separately as the crime committed amicably.

Where, after a traffic accident occurs, the person in charge of the unit, the owner of the motor vehicle, the contractor, or the passenger instructs the perpetrator to escape, causing the victim to die as a result of rescue, it is to be punished as an accomplice to the crime of traffic accident.

A joint crime refers to a crime committed by two or more persons with the intent to commit a crime. The specific requirements are as follows:

If there are two or more persons, there must be two or more persons or units that have reached the age of criminal responsibility and have the capacity for criminal responsibility.

2) Joint criminal acts, from the objective elements of the crime, each joint offender must carry out the joint criminal act.

Joint criminal conduct refers to the conduct of joint offenders pointing to the same criminal facts, being interconnected, cooperating with each other, and having a causal relationship with the outcome of the crime.

Article 25 of the Criminal Law states that a joint crime refers to a joint intentional crime committed by two or more persons. Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.

Legal Analysis: Where, after a traffic accident, the main person in charge of the unit, the owner of the motor vehicle, the contractor, or the passenger instructs the perpetrator to escape, causing the victim to die due to lack of assistance, it is to be punished as an accomplice to the crime of causing a traffic accident.

Fa Tsai Li Law basis:

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 5, Paragraph 2 Where, after a traffic accident, the person in charge of the unit, the owner of the motor vehicle, the contractor, or the passenger instructs the perpetrator to escape, causing the victim to die because he cannot be rescued, he is to be punished as an accomplice to the crime of causing a traffic accident.