If a person dies in a traffic accident, there is no compensation for how to sentence him

1. If a person dies due to a traffic accident, if the driver who caused the accident does not bear the main or full responsibility for the accident, it does not constitute the crime of causing a traffic accident, has no criminal responsibility, and will not be sentenced.

2. If the crime of causing a traffic accident is constituted, the driver who caused the traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention in accordance with the law; 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.

3. According to the law, if the driver who caused the accident compensated the family of the deceased, he could be lenient in accordance with the law when sentencing; However, if there is no compensation, the sentence should still be based on the specific circumstances of the crime, and the punishment cannot be increased or heavier because there is no compensation.

Article 133 of the Criminal Law [Crime of Causing Traffic Accidents] 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.

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 the amount of 300,000 yuan or more.

Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Article 133 of the Criminal Law stipulates that 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 up to three years imprisonment 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.

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents provides that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention in any of the following circumstances:

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 the amount of 300,000 yuan or more. Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Legal advice to a lawyer.

Hello, those who bear the main or full responsibility shall be sentenced to fixed-term imprisonment of not more than three years, controlled release, or criminal detention.

Legal analysis: If a traffic accident results in the death of a person in violation of traffic management regulations, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and the specific punishment shall be determined by the court according to the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

Article 133 of the Criminal Law of the People's Republic of China Causing traffic accidents.

Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment 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 desertion shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 61: General principles of sentencing.

When deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature of the crime, the circumstances, and the degree of harm to society.

Legal Analysis: If a traffic accident is a violation of traffic and transportation management regulations, and an accident occurs, if it causes serious injury or death to a person or causes major losses to public or private property, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

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 or short-term detention of not more than three years; 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.

Legal Analysis: It is necessary to see whether it constitutes a crime. Compensation is required for the death of a person who is hit by normal driving, but there is no need to go to jail.

Whoever violates the regulations on the management of transportation and transportation, 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. The conditions for sentencing a person who killed a person by driving are that one or more people have died and the driver has violated traffic and transportation regulations, on the contrary, if the driver of a motor vehicle hits and kills a person under normal driving conditions, he will not be sentenced. Therefore, the key to whether a person who is killed by driving is whether the driver of the motor vehicle violates the traffic and transportation management regulations.

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 injuries to people and causing 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 and escape after causing a transportation accident or there are other particularly heinous circumstances, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and causing death by escaping, 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 101 If a major traffic accident occurs in violation of the provisions of the Road Traffic Safety Law and Qing nationality laws and regulations, and a crime is constituted, criminal responsibility shall be investigated in accordance with 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.

If a major accident occurs in violation of traffic and transportation management regulations, resulting in the death of one person, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

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 Zheng Wangchuan escapes after causing a traffic accident or there are 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.

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 the amount of 300,000 yuan or more. If one or more people are seriously injured in an accident caused by Congmu Jiaoduantong, and bear all or the main responsibility for the accident, and have any of the following circumstances, it shall be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs; 2) Driving a motor vehicle without driving qualifications; 3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components; 4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped; 5) Driving with serious overload; 6) Fleeing the scene of an accident in order to evade legal prosecution.

Legal analysis: 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 criminal detention: 1. One person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident; 2. If three or more people die in their voices, they bear equal responsibility for the accident; 3. Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan.

Legal basis: Article 133 of the Criminal Law Whoever violates the regulations on the administration of transportation, 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 runs away after causing a traffic accident or has other especially heinous circumstances, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.