How many years after the incapacity to compensate for traffic accidents expires

1. The inability to compensate for a car accident can be sentenced to several years.

1. If a traffic accident occurs but is unable to compensate, it is generally not sentenced, and there is no money to compensate for traffic accidents, which is a civil dispute, if the relevant parties have the ability to compensate and do not make compensation, or transfer their own property, it is a crime of refusing to perform the judgment and ruling of the court, and they need to bear criminal responsibility.

2. Legal basis: Article 313 of the Criminal Law of the People's Republic of China.

Crime of refusing to enforce a judgment or ruling] Where there is a capacity to enforce a judgment or ruling of a people's court but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

2. What is the compensation standard for traffic accidents?

1. The perpetrator shall bear the liability for compensation for the personal injury caused to the victim in accordance with the law, including the claims: medical expenses, hospitalization expenses and food expenses, lost work expenses, etc., if the victim is seriously injured or seriously disabled, the injured party can also claim compensation for disability compensation, follow-up nursing expenses, etc.;

2. If the perpetrator causes the death of the victim due to a traffic accident, the infringing party shall compensate the corresponding funeral expenses, death compensation and compensation for the mental damages of the victim's relatives in addition to the relevant expenses of the rescue;

3. The victim can negotiate with the infringer to agree on the corresponding compensation fee, or may request the traffic police department or the mediation committee to intervene in the mediation, if the mediation is ineffective, the victim can appeal to the people's court in accordance with the law.

Legal Analysis: If the hungry soldier is fully or primarily responsible for the traffic accident and is unable to compensate for the amount of more than three rotten tours or more than 100,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Legal 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 2: In any of the following circumstances, a person who causes 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 for an amount of 300,000 yuan or more.

1. A sentence of several years in prison for inability to compensate for traffic accidents.

1. The traffic accident is incapable of compensating and sentenced to several years in prison, which needs to be determined according to the circumstances. They are:

1) Where a major accident causes serious injury or death to a person or causes major losses to public or private property, a sentence of up to three years imprisonment or short-term detention is to be given;

2) Whoever escapes after causing a traffic accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

3) Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

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.

2. 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 main combatant of the crime of traffic accident is the general subject, that is, a natural person who is at least 16 years old 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 over the age of 14 causes an accident by driving a motor vehicle and causing 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 behavior, 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.