What is the crime of causing a traffic accident, and how to determine the voluntary surrender of the

Article 67 of the Criminal Law clearly defines voluntary surrender: "A person who voluntarily surrenders after committing a crime and truthfully confesses his or her crime is a voluntary surrender." The manifestation of voluntary surrender indicates that the subjective guilt of the offender is lighter than that of the person who has not surrendered, and the punishment can be mitigated, commuted or exempted.

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: 1. After a traffic accident, the suspect protects the scene, rescues the injured, and reports to the public security agency; 2. After a traffic hit-and-run, the criminal suspect voluntarily surrenders and truthfully confesses his crime.

Legal basis: "Criminal Law of the People's Republic of China" Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are 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 or defendants who have been subjected to compulsory measures, or who are currently serving a sentence, are to be silenced and truthfully confess other crimes of their own that the judicial organs have not yet grasped, they are to be considered to have surrendered voluntarily. Where criminal suspects do not have the circumstances of voluntary surrender provided for in the preceding two paragraphs, but truthfully confess their own crimes, they may be given a lighter punishment and brought along; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.

Article 67 of the Criminal Law clearly defines voluntary surrender: "A person who voluntarily surrenders after committing a crime and truthfully confesses his or her crime is a voluntary surrender." The manifestation of voluntary surrender indicates that the subjective guilt of the offender is lighter than that of the person who has not surrendered, and the punishment can be mitigated, mitigated or exempted.

Article 6 of Kaifeng's Criminal Law stipulates: "All crimes committed within the territory of the People's Republic of China shall be governed by this Law, except as otherwise provided by law." "From the perspective of judicial practice, the traffic offender did not have the intention to have the consequences of his actions, and allowing him to apply lenient sentencing circumstances can have the effect of encouraging the perpetrator to voluntarily surrender and repent and rehabilitate, and is conducive to clarifying the facts, distinguishing responsibilities, compensating the victim in a timely manner, and maintaining social stability, which is also consistent with the spirit of the law.

It should be pointed out that the system of voluntary surrender belongs to the scope of criminal law, which is only applicable to the situation where the traffic accident has constituted a crime, and for ordinary traffic accidents that do not constitute a crime, there is no question of voluntary surrender, and the perpetrator voluntarily surrenders and confesses the act of causing the accident can be considered as a mitigating circumstance in the administrative punishment.

Legal basis] Article 133 of the Criminal Law of the People's Republic of China [Traffic Accident Crime] 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; Whoever escapes after causing a traffic accident or has other especially heinous circumstances shall be sentenced to fixed-term imprisonment of not more than three years to seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.