How to constitute the crime of traffic accident and what to do

Those who meet the following criteria may be found to have committed the crime of causing a traffic accident constituting a self-rolling section

1. The perpetrator did not escape after the incident, protected the scene, rescued the injured and property, and waited for the arrival of the traffic police;

2. After escaping, take the initiative to report the case to the public security organs or voluntarily surrender, and truthfully confess to the public security organs the crime of calling themselves to travel to themselves.

Legal basis

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Voluntary Surrender and Meritorious Service.

According to the first paragraph of Criminal Law article 67, a person who voluntarily surrenders after committing a crime and truthfully confesses his or her crime is voluntarily surrendered.

1) "Voluntary surrender" refers to the voluntary and direct surrender to the public security organs, people's procuratorates, or people's courts when the facts of the crime or the criminal suspect have not been discovered by the judicial organs, or when they have been discovered, but the criminal suspect has not been interrogated or compulsory measures have not been employed.

2) Truthfully confessing one's own crime refers to a criminal suspect truthfully confessing the main facts of his crime after voluntarily surrendering.

Answer: The conditions for the crime of traffic accident to constitute voluntary surrender: 1. The perpetrator did not flee after the incident, protected the scene, rescued the injured and property and waited for the arrival of the traffic police, or voluntarily reported to the public security organ or voluntarily surrendered after escaping; 2. Truthfully confess their crimes to the public security organs. Legal basis: Article 1 of the "Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in Handling Voluntary Surrender and Meritorious Service" is based on the provisions of the first paragraph of Criminal Law article 67, where a person voluntarily surrenders after committing a crime and truthfully confesses his or her crime, he or she surrenders voluntarily.

1) "Voluntary surrender" refers to actively and directly surrendering to the public security organs, people's procuratorates, or people's courts when the facts of the crime or the criminal suspect's file have not been discovered by the judicial organs, or when they have been discovered, but the criminal suspect has not been interrogated or compulsory measures have not been employed. (2) Truthfully confessing one's own crime refers to the criminal suspect truthfully confessing the facts of his or her crime after voluntarily surrendering.

Legal Analysis: Determination of Voluntary Surrender for Traffic Accident Crimes: Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered.

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 imprisonment for 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.

In cases of traffic accidents, where the perpetrator did not flee after the incident, protected the scene, rescued the injured and property, voluntarily reported the case to the public security organs or voluntarily surrendered, and truthfully confessed his crime, it shall be found to be voluntary surrender in accordance with law;

Where, after the perpetrator has escaped, during the period of investigation by the public security organs, he voluntarily reports the case to the public security organs and truthfully confesses his crimes, it shall also be found to be voluntary surrender in accordance with law.

Legal basis] According to Article 67 of the Criminal Law, a person who voluntarily surrenders after committing a crime and truthfully confesses his or her crime is voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment.

Of these, where the crime is relatively minor, punishment may be waived. Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered.