What happens if a traffic accident casualty dies a few years later? Will you go to jail

No, but it should be compensated.

The victim suffers personal injury, various expenses incurred due to medical treatment**, and the income lost due to lost work, including medical expenses (according to the receipt vouchers issued by medical institutions, hospitalization fees, etc.), lost work expenses (if the victim has a fixed income, the lost work expenses are calculated according to the actual reduced income.) If the victim has no regular income, it is to be calculated on the basis of his average income in the last three years), nursing expenses (calculated with reference to the labor remuneration standards for local nurses engaged in the same level of care), transportation and accommodation expenses (based on official bills), hospital meal allowance (refer to the standard of food allowance for general staff of local state organs on business trips), and necessary nutrition expenses (to be determined with reference to the opinions of medical institutions).

If the victim is disabled due to injury, the necessary expenses incurred by the victim for increasing his or her living needs and the loss of income due to the loss of ability to work, including disability compensation (the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed shall be calculated as 20 years from the date of determination of disability). However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. The compensation obligor shall also compensate for the expenses of disability assistive devices, the living expenses of dependents, and the necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of nursing care and continuation.

In the event of the death of the victim, the compensation obligor shall, in addition to the rescue expenses, also compensate the funeral expenses and the living expenses of the dependents (calculated in accordance with the standards for the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed). if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood, it shall be calculated for 20 years), death compensation (death compensation shall be calculated for 20 years according to the per capita disposable income of urban residents or per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed), and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of lost work incurred by the victim's relatives in handling funeral matters.

Where the victim or the deceased's close relatives suffer mental damages, and the person entitled to compensation requests the people's court for compensation for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply, and the specific amount shall be determined by the court.

Good luck.

No jail time. If you die after seven days, you will not be counted as dead.

Interim Provisions on Traffic Accident Statistics (2004).

Article 8 Where a person injured in a traffic accident dies 7 days after the accident occurs, it shall not be included in the scope of the statistics on the number of fatalities.

7. There is no criminal liability for death after the death.

Legal analysis: Criminal liability for death caused by traffic accidents is suspected of traffic accidents, and the specific sentence of several years should be confirmed according to the size of the accident. 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 basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and causes a major accident resulting in 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; 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 or 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.

Legal Analysis: Sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Legal basis: Article 100 of the Criminal Law of the People's Republic of China Article 33 Whoever violates the laws and regulations on the administration of transportation and thus causes 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 criminal detention for escaping after causing an accident or 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 seven years or more for the rest of his brother.

The sentence is up to three years and life imprisonment or short-term detention. Legal basis: Article 133 of the Criminal Law of the People's Republic of China violates the laws and regulations on the administration of transportation, resulting in 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 where short-term detention or transportation is violently split and then escaped, or where there are other particularly heinous circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and where the escape causes death, the sentence shall be fixed-term imprisonment of not less than seven years.

A sentence of up to three years imprisonment or short-term detention is to be given. Legal basis: Article 133 Whoever violates the regulations on the administration of transportation after the completion of the transfer and confiscation of transportation, and a major accident occurs due to a violent crack, 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 and escape after causing transportation or 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 where the escape causes death, shall be sentenced to fixed-term imprisonment of not less than seven years.

Criminal liability for death in a traffic accident shall be imprisoned for up to three years; Whoever escapes after the accident or has other particularly heinous feelings, 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.

[Legal basis].Article 133 of the Criminal Law.

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 escape shall be sentenced to fixed-term imprisonment of not less than seven years.

The time limit for dealing with the accident that caused the death of a person should be analyzed according to the actual situation, and the time limit for handling the death of a person in a traffic accident constitutes a crime, and the time limit for handling each stage of the criminal case:

1) The period for compulsory measures.

1. The duration of the summons or custodial summons must not exceed 12 hours;

2. The period of detention shall generally not exceed 14 days, and the maximum period in special circumstances shall be 37 days;

3. The period of release on guarantee pending further investigation shall not exceed 12 months;

4. The period of residential surveillance must not exceed 6 months.

2) The period of investigative detention.

1. After the arrest of the criminal suspect, it must not exceed 2 months;

2. In cases where the case is complicated and cannot be concluded at the end of the time limit, it may be extended by 1 month;

3. Where the circumstances provided for in article 126 of the Criminal Procedure Law are met, an extension of 2 months may be given;

4. Where a criminal suspect might be sentenced to 10 years imprisonment or more, where the extension period is completed at the end of article 126 of the Criminal Procedure Law, and the investigation cannot be concluded, it may be extended for another 2 months;

5. Where other important crimes are discovered, the time limit is to be recalculated.

3) Time limits for review for prosecution.

1. Time for review and prosecution, 1 month;

2. For major and complex cases, it can be extended for half a month;

3. Where jurisdiction is changed, it is calculated from the date on which the procuratorate receives the case;

4. Return to make up for the lack of filling and investigation, limited to two times, 1 month each time;

5. The victim's appeal against the decision not to prosecute is within 7 days;

6. The person not being prosecuted shall appeal within 7 days of making a decision not to prosecute in accordance with Article 142, Paragraph 2 of the Criminal Law.

4) Time limit for trial.

1. In first-instance public prosecution cases under ordinary procedures, the verdict shall be announced within one month of acceptance, and must not exceed one and a half months at the latest. In special circumstances, an extension of one month may be granted upon approval or decision of the high people's court of the province, autonomous region, or directly governed municipality.

In cases where the people's court changes jurisdiction, the time limit for trial is calculated from the date on which the changed people's court receives the case.

In cases where the people's procuratorate is supplementing the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to recalculate the time limit for trial.

2. In cases applying the simplified procedures at trial, the people's courts shall complete trial within 20 days of accepting it.

3. Second-instance appeals and prosecutorial counter-appeals shall be concluded within one month, and must not exceed one and a half months at the latest. In special circumstances, an extension of one month may be granted upon approval or decision of the high people's court of a province, autonomous region, or directly governed municipality, but the Supreme People's Court shall decide on appeals or prosecutorial counter-appeals accepted by the Supreme People's Court.

Article 133 of the Criminal Law of the People's Republic of China stipulates that whoever violates the laws and regulations on the administration of transportation and thus causes 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 criminal 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.

1. How long will you be in prison if you die in a traffic accident?

1. How long a person will be in prison if he dies in a traffic accident is determined according to the circumstances. Specifically:

1) Where a traffic accident causes death, a sentence of up to three years imprisonment or short-term detention shall 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 causes death by escaping 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.

Anyone who 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 subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 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 blind-type 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 act, 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.