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Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Whoever escapes after causing a traffic accident or has other especially heinous circumstances is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where death is caused by escape, is to be sentenced to fixed-term imprisonment of not less than seven years.
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.
"Death due to escape" refers to a situation in which the perpetrator flees to avoid legal prosecution after a traffic accident, resulting in the victim's death due to lack of assistance. 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 or she cannot be rescued, it is to be regarded as an accomplice to the crime of causing a traffic accident.
Where, after causing a traffic accident, the perpetrator hides or abandons the victim after taking the victim away from the scene of the accident in order to avoid legal prosecution, causing the victim to die or be seriously disabled because the victim cannot be rescued, it shall be convicted and punished as the crime of intentional homicide or intentional injury in accordance with the provisions of Criminal Law article 232 and paragraph 2 of article 234, respectively.
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Traffic offences.
If the death of the person concerned occurs after the escape, the sentence will be increased.
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Traffic offences.
where the crime of causing a traffic accident is to be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Whoever escapes after causing a traffic accident or has other especially heinous circumstances is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the escape causes death, is to be sentenced to fixed-term imprisonment of not less than seven years.
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A criminal offense that aggravates the driver's offense.
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Legal analysis: The victim letting the driver leave is not considered a hit-and-run, and the premise is that the victim voluntarily lets the driver leave, otherwise it is considered a traffic accident. The crime of causing a traffic accident is a criminal act that violates road traffic management laws and regulations, causes serious injury or death, or causes major losses to public or private property, and is investigated for criminal responsibility in accordance with the law.
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.
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Traffic hit-and-run refers to the act of a motor vehicle driver fleeing the scene of the accident without authorization at the same time as a traffic accident, so that the civil, criminal and administrative liability caused by the traffic accident cannot be determined, and its purpose is to shirk and escape responsibility. With the rapid development of the transportation industry, traffic accident escape cases are also on the rise, seriously disrupting the normal traffic order. According to the law, fleeing after a traffic accident shall be severely punished, such as in the case of a traffic accident, a person who escapes after committing a crime shall be sentenced to fixed-term imprisonment of not less than three years, and a person who escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
If a traffic hit-and-run accident causes death, the driver's license will be revoked for life, and the driver will also be sentenced to fixed-term imprisonment of not more than three years or short-term detention in accordance with Article 133 of the Criminal Law. 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.
Compensation varies from place to place. Where a traffic accident causes the death of the victim, in addition to compensation for the relevant expenses during the rescue period, compensation shall also be made for funeral expenses, living expenses of dependents (if there are dependents raised by the deceased during his lifetime), compensation for death, expenses for mental damages, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.
2. The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with the standards of the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.
3. The death compensation shall be calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated over a period of 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
The specific amount is calculated according to the deceased's household registration (note that although the deceased is a rural household registration, but has lived and lived in the city for a long time, the relevant expenses can also be calculated according to the resident standard), local statistics, the number of dependents, age, local living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated according to the proportion of accident liability.
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If the sentence is more than 7 years imprisonment, the compensation shall be based on the national standard, which refers to the local income.
In general, a victim is a party to a criminal proceeding, and a victim is a party to a civil proceeding. Victim refers to a person whose lawful rights and interests have been violated by criminal conduct in a criminal case. Victims in a broad sense include victims of private prosecutions in criminal proceedings; It also includes victims of public prosecutions in criminal proceedings. >>>More
1. This is a legal document in which the court informs you of your rights and obligations as a victim. >>>More
According to the provisions of Article 99 of the Road Traffic Safety Law, if it does not constitute a crime to escape after causing a traffic accident, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan; Article 101 stipulates that if a major traffic accident constitutes a crime and escapes, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life. >>>More
Of course!!! The perpetrator shall bear full responsibility for the accident, and the parties shall report to the public security and traffic organs, and if the perpetrator's escape constitutes a crime, criminal responsibility shall be investigated. As for compensation, you can claim medical expenses, lost work expenses, vehicle damage expenses, etc., and if it constitutes disability, you should also pay disability compensation.
The so-called traffic hit-and-run refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution. It should be pointed out that to constitute an aggravating circumstance, it is first required that the perpetrator's act of causing the accident has constituted the crime of causing a traffic accident, otherwise the act of traffic hit-and-run can only be considered as a convicting circumstance when determining whether it constitutes the crime of causing a traffic accident; Second, it is required that the perpetrator clearly knows that he has committed a traffic accident, and if he does not have knowledge of the accident, it is naturally impossible to have the motive to evade legal prosecution, and it does not constitute a traffic hit-and-run act. Thirdly, the evasion of responsibility for the investigation and determination of the victim's responsibility is still constituted a traffic hit-and-run. >>>More