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Regulations on Procedures for Handling Road Traffic Accidents
Section 3: Traffic hit-and-run investigations.
Article 32 The traffic management department of the public security organ shall, according to the jurisdiction of the area and the road conditions, formulate a traffic hit-and-run case investigation plan.
After the occurrence of a traffic hit-and-run case, the traffic management department of the public security organ shall, on the basis of the parties' statements, witness testimony, traces of the traffic accident scene, remnants and other clues, promptly initiate the investigation plan, and arrange for interception and investigation.
Article 33 The traffic management department of the public security organ at the place where the crime occurred may request assistance in the investigation and reporting of traffic hit-and-run vehicles or detection clues by means of issuing a notice of investigation and public announcement. When issuing a notice of assistance in the investigation or making an announcement to the public, the basic facts of the traffic hit-and-run case, the circumstances and characteristics of the traffic hit-and-run vehicle, and the direction of the escape shall be provided.
Article 34 The traffic management department of the public security organ that receives the notification of the investigation shall immediately arrange the interception or investigation. Where a traffic hit-and-run vehicle or a suspect vehicle is discovered, it shall be detained, and the person involved in the traffic hit-and-run or the suspect consistent with the investigation report shall be summoned in accordance with law, and the traffic management department of the public security organ at the place where the case occurred shall be promptly notified of the relevant circumstances. The traffic management department of the public security organ at the place where the crime occurred shall immediately dispatch traffic police to handle the handover.
Article 35 After the traffic management department of the public security organ seizes the traffic hit-and-run vehicle, it shall issue a notice of revocation of the investigation within the original scope.
Article 36 During the investigation and handling of traffic hit-and-run cases by the traffic management department of the public security organs, the victims of the traffic hit-and-run cases and their families inquire about the investigation and handling of the case by the traffic management department of the public security organs, and the traffic management department of the public security organs shall inform them.
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You go to the traffic department, they will help you, as long as you don't run a red light or violate traffic rules, which escaped driver will be fully responsible, and it is greater than the fault of hitting someone, because if he escapes, he may be revoked driver's license, fined, and detained in serious cases.
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Hit-and-run and drunk driving insurance companies all refuse to pay, only compulsory traffic insurance, and 10,000 yuan of accidental medical treatment, find the driver who caused the accident and pay it yourself!
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Legal analysis: If escaping after a collision does not constitute a crime, 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, and may be detained for 15 days; where the crime of causing a traffic accident is constituted, the sentence is to be between three and seven years imprisonment; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China Violation of the provisions of the laws and regulations on road traffic safety and transportation, and a major traffic accident occurs, constituting a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.
If a person escapes after causing a traffic accident, 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.
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 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 the death of a person by escaping shall be sentenced to fixed-term imprisonment of not less than seven years.
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Legal analysis: After an accident, an injured or witness to a traffic accident should first write down the license plate number of the vehicle involved in the accident and the external characteristics of the vehicle involved in the accident, and immediately report it to the police. In the event that the driver escapes by car, attention should be paid to protecting the original scene, preserving physical evidence, and reporting to the police in time.
Once caught by the public security organs, the driver's license will be revoked and severely punished. For those who report hit-and-run accidents and make shirts, the public security organ will give commendations and rewards.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 71 If a vehicle escapes after a traffic accident, the witnesses at the scene of the accident and other persons in the know shall report to the traffic management department of the public security organ or the traffic police. If the report is true, the traffic management department of the public security organ shall give a reward.
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Legal Analysis: The handling of car accidents and hits depends on the specific situation. Hit-and-run is not a crime and is punishable by a fine of not less than $200 but not more than $2,000 and the driver's license revoked.
In addition, detention for up to 15 days may be imposed. If a car accident is suspected of constituting a traffic accident, the penalty shall be imprisonment of not less than three years but not more than seven years.
Legal basis: 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 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 by escaping from the world shall be sentenced to fixed-term imprisonment of not less than seven years.
Road Traffic Safety Law of the People's Republic of China Article 99 Anyone who escapes after causing a traffic accident and does not constitute a crime shall be fined not more than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ.
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
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
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