Crash and run away? What is the crime of crashing and running away?

There was no crash and run crime, there was a traffic hit-and-run.

Traffic hit-and-run refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution. The Criminal Law stipulates that a person who escapes after causing a traffic accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; Whoever causes death as a result of a traffic hit-and-run shall be sentenced to fixed-term imprisonment of not less than 7 years.

The Road Traffic Safety Law of the People's Republic of China stipulates:

Article 99 Any person who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:

Item 3: Fleeing after causing a traffic accident does not constitute a crime.

Where the perpetrator has any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.

Article 101 Where a major traffic accident occurs in violation of the provisions of road traffic safety 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.

Crashing and fleeing is a hit-and-run crime that carries a prison sentence of more than two years and a fine.

That's a hit-and-run, dealt with under the criminal law, and it's better if there are no people **.

Legal analysis: If the escape after the collision does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for 15 days; where the crime of causing a traffic accident is constituted, the sentence is to be between three and seven years imprisonment; 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 of not more than three years or short-term detention; Whoever escapes after causing a traffic accident or has other especially heinous circumstances of this circumstance, 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 analysis: If the escape after the collision does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for 15 days; where the crime of causing a traffic accident is constituted, the person who carries the transport shall 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 of the People's Republic of China Whoever violates the laws and 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; 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.

If the escape after the collision does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 1,000 yuan, and may be detained for 15 days; where the crime of causing a traffic accident is constituted, the sentence is to be between three and seven years imprisonment; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. 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 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.

Hitting a car and running away is a traffic accident. If a person escapes after causing a traffic accident, the criminal suspect will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years by the people's court. Where the escape causes death, the criminal suspect will be sentenced to fixed-term imprisonment of not less than seven years by the people's court.

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 chief investigator of the crime of causing a traffic accident is generally 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 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 conduct, then the bank 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.

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, death, or destruction of hands, 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.