Can the victim of a hit and run crime prosecute himself?

In the case of hit-and-run crimes, the injured party cannot prosecute privately, and may attach a civil lawsuit.

According to article 204 of the Criminal Procedure Law, there are only three types of cases in which the victim can prosecute privately: one is to file a complaint before it is handled; second, minor injuries; Third, cases where the victim has evidence showing that the defendant's conduct violating his or her personal or property rights should be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorates do not pursue the defendant's criminal responsibility.

The crime of traffic hit-and-run is a public prosecution case, which is prosecuted by the people's procuratorate on behalf of the state, and only if the people's procuratorate does not pursue the criminal responsibility of the defendant, can the victim prosecute privately.

In traffic hit-and-run cases, the victim may have a civil lawsuit attached.

It is necessary to distinguish between the circumstances and determine whether a traffic hit-and-run can be handled as a private prosecution.

The first is a traffic hit-and-run that can be self-prosecuted:1resulting in minor injuries; 2.causing personal or property damage, and neither the public security organs nor the procuratorate will file a case for handling;

Second, traffic hit-and-run that cannot be prosecuted: 1The police or procuratorate have filed a case; 2.As a result, the public security has filed a case.

Reference: According to Article 204 of the Criminal Procedure Law, there are three types of cases in which the victim can prosecute privately: one is to deal with the complaint before it is handled; second, minor injuries; Third, cases where the victim has evidence showing that the defendant's conduct violating his or her personal or property rights should be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorates do not pursue the defendant's criminal responsibility.

Legal analysis: Hit-and-run generally does not need to be sued, unless the hit-and-run party does not want to compensate, then it can sue for compensation at this time. Because if the hit-and-run constitutes a crime, then the procuratorate will file a public prosecution in the people's court in accordance with the law, and the victim does not need to file a lawsuit.

Legal basis: Article 101 of the Road Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of the traffic safety laws and regulations on the road, 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 obtain a new motor vehicle driver's license for the rest of his life.

If the hit-and-run is obviously minor, the harm is not great, it is not considered a crime, or the statute of limitations for prosecution has expired, criminal responsibility is not pursued. Article 133 of the Criminal Law: 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 a traffic accident occurs and escapes, 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. Article 16 of the Criminal Procedure Law: In any of the following circumstances, criminal responsibility shall not be pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

Hit-and-run is prosecutable. Compensation for infringement in traffic accidents is a tort dispute, and the lawsuit filed for infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled. The place of infringement as provided for in Article 28 of the Civil Procedure Law includes the place where the infringement is committed and the place where the result of the infringement occurs.

Legal basis Article 28 of the Civil Procedure Law provides that a lawsuit arising from infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled. The above is the relevant answer to the question and the legal basis, you can read it carefully. ”

In the case of a hit-and-run accident, the interested party shall submit a complaint to the judicial organ for prosecution. If Li Changguo constitutes the crime of causing a traffic accident, it is a public prosecution case, and the procuratorate and the High People's Court will initiate a public prosecution.

Legal basis]

According to article 120 of the Civil Procedure Law, a complaint shall be filed with a complaint submitted to the people's court, and copies shall be submitted according to the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

According to article 169 of the Criminal Procedure Law, the people's procuratorate shall review and decide on all cases that require public prosecution.

The act of escaping after causing a traffic accident shall be dealt with as follows according to different circumstances: 1. Those who flee after causing a traffic accident and do not constitute a crime shall be fined between 200 and 2,000 yuan by the public security organs, and may also be detained for up to 15 days. 2. In the event of a major traffic accident that constitutes a crime and escapes, the public security organ shall revoke the motor vehicle driver's license in addition to pursuing criminal responsibility in accordance with the law, and shall not re-obtain the motor vehicle driver's license for life.

Article 101 of the Road Traffic Safety Law of the People's Republic of China Anyone who violates the provisions of road traffic safety laws and regulations and causes a major traffic accident that constitutes a crime shall be investigated for criminal responsibility 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. Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China If a party escapes after a traffic accident occurs, the party who escaped shall bear full responsibility.

However, if there is evidence to prove that the other party is also at fault, Danbo can reduce the liability. Where parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility. Article 133 of the Criminal Law: 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 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.