What is the responsibility for destroying the scene and then falsifying the scene?

Where a party alone does not constitute a crime by destroying or fabricating evidence, if their own conduct constitutes a crime, it is to be given a heavier punishment as a sentencing circumstance. If there is help from others, it constitutes the crime of aiding in the destruction of evidence or the crime of destroying or fabricating evidence by the defender or the litigant.

Legal analysis: If the party deliberately destroys, falsifies the scene of the reed slag, or destroys the evidence, it must be the main cause of the accident, so it should bear full responsibility.

Legal basis: Hail "Criminal Law of the People's Republic of China" Article 307 Whoever uses violence, threats, bribery, or other methods to prevent witnesses from testifying or instructs others to give false testimony is to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment.

After a traffic accident, the party concerned deliberately destroys the scene of the falsification and directly bears full responsibility in accordance with the law. A sentence of up to three years imprisonment or short-term detention is to be given. If the scene of the accident is not deliberately destroyed by the parties, but is caused by negligence or other reasons such as heavy rain, the party with the burden of proof shall bear the corresponding burden of proof.

In the event of a traffic accident between motor vehicles, the party at fault shall bear the burden of proof. If both parties are at fault, they shall bear responsibility in proportion to their respective faults.

1. The principle of division of responsibility for accidents caused by traffic accidents:

1. If a traffic accident is caused by the fault of one of the parties, the company shall bear full responsibility; If the party escapes, causing changes in the scene and the loss of evidence, and the traffic management department of the public security ground state is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility; When the person involved in Botong deliberately destroys, falsifies the scene, or destroys evidence, he shall bear full responsibility; Closed eggplant.

2. If a traffic accident occurs due to the fault of two or more parties, the traffic accident shall be borne the primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3. None of the parties is at fault for causing the traffic accident, and if it is a traffic accident, none of the parties is liable; If one party intentionally causes a traffic accident, the other party is not liable.

II. Basic Procedures for Determining Liability for Traffic Accidents:

1. Alarm and acceptance;

2. Investigation; 3. Identification and review;

4. Enforcement of penalties;

5. Mediation of damages;

6. Prosecution. Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes 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.

Legal analysis: according to the provisions of the relevant laws of our country, intentional destruction of public facilities, is the act of destroying property by selling Yuanyi, if it causes a loss of more than 5,000 yuan, it is necessary to bear criminal responsibility before the lap, and if the loss does not reach 5,000, the public security administration shall be punished.

Legal basis: "Criminal Law of the People's Republic of China" Article 275: Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or where the amount of the fine is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

If the situation at the scene is more serious, he may be subject to administrative detention and fines. 2. Criminal liability: If the falsification of the scene is serious and involves a criminal offense, it may be investigated for criminal responsibility and face criminal penalties.

3. Civil liability: If the falsification of the scene causes damage to the property or personal safety of others, it may be required to bear civil liability. In conclusion, falsifying the scene is an illegal act and will be punished accordingly by law.

According to article 225 of the Criminal Law of the People's Republic of China, it is stipulated as follows: "Whoever forges, destroys, or conceals criminal evidence shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled release; where the circumstances are more serious, the sentence is between three and seven years imprisonment. ”<