What are the types of traffic accidents, and what are the criminal penalties for traffic accidents

Hello, first, what are the types of traffic accidents.

Traffic accidents are usually divided into four categories: minor accidents, general accidents, major accidents, and major accidents.

1. Minor accidents refer to accidents that cause minor injuries to 1 to 2 people at a time, or property damage is less than 1,000 yuan for motor vehicles and less than 200 yuan for non-motor vehicles.

2. General accidents refer to accidents that cause serious injuries to 1 to 2 people, or minor injuries to more than 3 people, or property losses of less than 30,000 yuan.

3. Major accidents refer to accidents that cause the death of 1 to 2 people, or the serious injury of more than 3 people and less than 10 people, or the loss of property between 30,000 yuan and 60,000 yuan.

4. A major accident refers to an accident that causes the death of more than 3 people, or the serious injury of more than 11 people, or the death of 1 person and the serious injury of more than 8 people at the same time, or the death of 2 people and the serious injury of more than 5 people at the same time, or the loss of property of more than 60,000 yuan.

2. What is the criminal liability for traffic accidents?

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.

According to the Circular of the Supreme People's Court and the Supreme People's Procuratorate on Handling Road Traffic Accident Cases in Strict Accordance with Law, the perpetrators who constitute the crime of causing traffic accidents and should bear the main or full responsibility for the accident must be investigated for criminal responsibility.

1. In any of the following circumstances, a sentence of up to 3 years imprisonment or short-term detention is to be given:

1) Causing the death of one person or the serious injury of three or more people.

2) Seriously injuring one or more people, the circumstances are heinous, and the consequences are serious.

3) The amount of direct losses caused to public or private property, starting from 30,000 yuan to 60,000 yuan.

2. In any of the following circumstances, it may be regarded as a particularly heinous circumstance and a sentence of between 3 and 7 years imprisonment may be given:

1) Caused 2 deaths.

2) The amount of direct losses caused to public or private property, starting from between 60,000 yuan and 100,000 yuan.

3. In any of the following circumstances, and in accordance with the provisions of 1 or 2 above, a heavier punishment shall be given in accordance with the provisions of 1 or 2:

1) Committing the crime of causing a traffic accident, absconding in fear of the crime, or intentionally destroying or falsifying the scene, destroying evidence, or concealing the truth of the accident and blaming others.

2) Drunk driving.

3) Non-driver driving motor vehicles.

4) Driving a vehicle without a license plate.

5) Driving knowing that the key components of the motor vehicle are out of order.

6) There are other particularly heinous circumstances.

First of all, it is necessary to bear civil liability for compensation; Secondly, if the motor vehicle party is primarily or wholly responsible in a traffic accident, it is also subject to criminal liability.

The law stipulates that these situations are traffic accidents:

1. One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident;

2. If three or more people die, they are equally responsible 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 of the People's Republic of China.

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.

Article 2 of the 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.

In any of the following circumstances, 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 losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 300,000 yuan or more.

The circumstances in which a traffic accident constitutes a crime include: where one person is killed or three or more people are seriously injured, and the accident is wholly and primarily responsible; Where three or more fatalities bear equal responsibility for the accident; Causing direct damage to public property or other people's property, bearing all of the accident, being primarily responsible, and being unable to compensate for the amount of 300,000 yuan or more.

[Legal basis].

Article 133 of the Criminal Law of the People's Republic of China, where a major accident occurs, 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. Anyone who drives a motor vehicle on a road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine: (1) chasing and racing, and the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transportation, seriously exceeding the rated occupants to carry passengers, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

1. Violation of traffic and transportation management regulations. Although there are many traffic and transportation management regulations in China, the most important and core of them is the "Road Traffic Safety Law", so if this law is violated, it violates the traffic and transportation management regulations, that is, it meets the first constitutive element of the crime of causing traffic accidents. Article 2 of the Road Traffic Safety Law stipulates that vehicle drivers, pedestrians, passengers, and units and individuals related to road traffic activities in China shall abide by this law.

2. A major accident occurs. Article 133 of the Criminal Law of the People's Republic of China and the Interpretation of the High People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving the Cause of Accidents in Jiaohe Prefecture have made a clear definition, that is, a person who dies or seriously injures three or more persons bears full or primary responsibility; or three or more deaths, equally responsible for the accident; or causing direct losses to public or private property, bearing full or primary responsibility for the incident, and being unable to compensate for an amount of more than 300,000 yuan.

1. What are the circumstances under which a pedestrian constitutes a traffic accident The circumstances under which a pedestrian constitutes a traffic accident are as follows: 1. Violation of traffic and transportation management regulations. Although there are many traffic and transportation management regulations in China, the most important and core of them is the "Road Traffic Safety Guess Qianquan Law", so violating the source filial piety law violates the traffic and transportation management regulations, that is, it meets the first constituent element of the crime of traffic accidents.

Legal analysis: 1. Death of 1 person or serious injury of 3 or more people, 2. Death of 3 or more people, equal responsibility for the accident 3, direct loss of public property or other people's property, full or main responsibility for the accident, inability to compensate the amount of more than 300,000 yuan.

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 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.

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, and the Split Chain clan is equally responsible;

3) Causing direct damage to public property or other people's property, calling for full or primary responsibility for the accident, and being unable to compensate for an 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 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.

The types of liability for traffic accidents are: full liability, primary liability, equal liability, secondary liability and no liability. According to the relevant laws and regulations, after the occurrence of a traffic accident, the parties involved in the traffic accident shall bear the corresponding liability according to the degree of their fault.

[Legal basis].

Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.

The traffic management department of the public security organ shall, according to the role of the party's behavior in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party: Slippery.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

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

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.