Hit and run fatality? 50

You should not have any responsibility, traffic hit-and-run is a very serious matter, especially if it causes death, it is to be sentenced to prison, your fault is that you did not report the crime in time, but you finally worked with your family to promote his surrender, he turned himself in, and the case was solved, so generally no one else will be held responsible, and you are also there. Middle.

There is no responsibility, besides, you are not assisting him in escaping or concealing his itinerary, but now he has turned himself in. When encountering this kind of thing, you must persuade others to turn themselves in, and turning themselves in is the only way out!

You persuade your friend to turn himself in, and take him to turn himself in, you are not responsible, but the police want to reward you, if you get involved in a traffic hit-and-run, you will go to jail, and you may have to pay for aiding and abetting a crime to escape.

If your friend hits and runs and causes death, he must be sentenced to three years to seven years in accordance with the criminal law. As a friend, you have no responsibility as long as you turn yourself in, not in the process.

Traffic hit-and-run refers to the act of a motor vehicle driver fleeing the scene of the accident without authorization at the same time as a traffic accident, so that the civil, criminal and administrative liability caused by the traffic accident cannot be determined, and its purpose is to shirk and escape responsibility.

With the rapid development of the transportation industry, traffic accident escape cases are also on the rise, seriously disrupting the normal traffic order. According to the law, fleeing after a traffic accident shall be severely punished, such as in the case of a traffic accident, a person who escapes after committing a crime shall be sentenced to fixed-term imprisonment of not less than three years, and a person who escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

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, 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 you know that he is in a hit-and-run, and then you still assist him, if he doesn't confess to you, it's okay, if you confess, if the other party sues you, you will be jointly and severally liable!

There shouldn't be, you're just a companion, and he just wants to take one last look at his parents, and in the end he didn't turn himself in, don't worry, you're not responsible.

If you turn yourself in, it's not a big problem, if you don't.

It will constitute the crime of harboring a counter-revolutionary or other criminal, knowing that he is a counter-revolutionary or other criminal, giving false testimony to the judicial organs, covering up the crime for him, or helping him to conceal or destroy criminal evidence and obliterate the traces of his crime, so that he can evade legal punishment.

Rest assured, your friend has turned himself in, and the judiciary will not hold you accountable, so sleep peacefully.

Whoever causes death by fleeing after causing a traffic accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Legal basis] Article 133 of the Criminal Law stipulates that a person who violates traffic and transportation management regulations, resulting in 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 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.

You have to believe that the law is fair and just, that you have not complied with the crime, and that you have not shielded the criminal suspect, and that you are innocent.

It's okay, your friend has turned himself in, and you are not guilty according to the law.

The premise is that you don't know about the situation, and if you know, report it to the traffic police in time. You won't be responsible.

The suspect has turned himself in, it has nothing to do with you, and you can say that you did not know about it at the time.

If you help him, then you are jointly and severally liable.

Hit-and-run causing death is a crime on top of a crime, and it is very serious in nature!

Just take him to turn himself in, the process is not important, the important thing is the result.

Voluntarily surrendering is not a big problem.

Hit-and-run, trouble, no matter what the situation, as long as you escape, it is a felony, and there is no common sense at all.

It is necessary to look at the specific circumstances and the details of the incident to determine whether there was a conspiracy to escape together.

Legal Analysis: Whoever causes death by fleeing after a traffic accident 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 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 is to 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 traffic accident shall be sentenced to fixed-term imprisonment of 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; Ant rent.

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 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.

Hit-and-run causing death is punishable by imprisonment for not less than seven years. 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 conditions for death caused by a traffic hit-and-run are:

1. The perpetrator's original conduct has met the constitutive elements of the basic crime;

2. There must be a causal relationship between the traffic hit-and-run behavior and the death, so it is necessary to examine whether the death result really occurred due to the rescue inaction caused by the traffic hit-and-run, and if the rescue behavior could not prevent the death result from occurring, or the death result was not caused by the traffic hit-and-run but intervened in an independent cause, etc., it cannot be considered to constitute a traffic hit-and-run causing death.

3. Although the perpetrator's traffic hit-and-run behavior was intentional, the subjective aspect of the perpetrator's death in the traffic hit-and-run should be negligent. It should be noted that, in accordance with the relevant interpretations, if the person in charge of the unit, the motor owner, the contractor or the passenger instructs the perpetrator to escape, causing the victim to die due to the lack of assistance, he shall be punished as an accomplice to the crime of causing a traffic accident.

4. In the course of a traffic hit-and-run, where the safety of others is allowed to be ignored due to the motive of evading investigation, and then the other person is killed and injured, it may also constitute the crime of endangering public safety by dangerous means or the crime of causing a traffic accident and the crime of intentional homicide.

The criteria for conviction of death in a traffic hit-and-run are as follows:

1. The perpetrator's escape must have occurred after a traffic accident, and the perpetrator must subjectively recognize that a traffic accident has occurred and that he has hit someone.

2. There is a criminal law causal relationship between the death of the victim and the perpetrator's escape. That is, the death of the victim was only caused by the perpetrator's escape behavior of driving away in order to evade legal responsibility or rescue obligations and not rescue in time.

3. The victim's death was caused by the act of escape, and the victim's death was not involved in other causal relationships and conditions other than that caused by the traffic act. To determine whether it is "death caused by escape", it is necessary to promptly investigate and understand the course of the case, the time between the occurrence of the crime and the passage of death, the circumstances of the deceased at the time of discovery, the situation when he was sent to the hospital, and the treatment of the deceased, so as to comprehensively judge the relationship between death and escape.

Second, it is necessary to conduct a careful and meticulous examination of the victim, and accurately determine the causal relationship between the cause and effect of death and the act of escape on the basis of medical scientific theories.

[Legal basis].

Criminal Law of the People's Republic of China

Article 133: [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.

Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates that if a party escapes after a traffic accident, the party who escapes bears full responsibility, but if there is evidence to prove that the other party is also at fault, the liability may be reduced. What is said here"Liability"It refers to civil liability, which is what we usually call liability for compensation.

The law establishes this liability as presumed fault. Because the scene of the accident was damaged due to the escape of the party, it is difficult for the traffic management department to determine the responsibility for the accident, and it is first presumed that it is at fault and bears all the responsibility for the accident. 2. Paragraph 2 of Article 101 of the Road Traffic Safety Law of the People's Republic of China stipulates:

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. This provision is an administrative sanction for a person who has escaped from a traffic accident, and his or her driver's license will be revoked and cannot be obtained again for the rest of his or her life, regardless of the consequences of the traffic accident. 3. Criminal ResponsibilityArticle 133 of the Criminal Law of the People's Republic of China provides that anyone who commits the crime of causing a traffic accident 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.

Hit-and-run after a traffic accident is an aggravating circumstance, and the Criminal Law provides for a heavier sentence. It should be mentioned that Article 6 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 provides that "if the perpetrator hides or abandons the victim after a traffic accident in order to avoid legal prosecution, so that the victim dies or is seriously disabled because the victim cannot be rescued, he shall be convicted and punished for the crime of intentional homicide or intentional injury", and the statutory maximum sentence for causing death due to escape in a traffic accident is 15 years, and the statutory maximum sentence for intentional homicide is the death penalty. For example, the traffic accident case of Zhang Jinzhu, a police officer of the Zhengzhou Public Security Bureau, which is of national concern.

When Zhang was driving, he was driving too fast, and knocked Su Daolu Donghai and his son Su Lei, who were riding a bicycle, into a flying bullet and fell to the ground, while hanging Su's bicycle under the car that caused the accident. The crowd along the way kept exclaiming, Zhang still fled frantically, hung Su Donghai on the car and dragged him for kilometers before being intercepted by the armed police and the masses before being forced to stop. In the end, Su Donghai was seriously injured, and Su Lei died after rescue.

The court sentenced Zhang to death for intentional injury and three years in prison for causing a traffic accident.

Article 133 68 of the Criminal Law of the People's Republic of China violates traffic and transportation management regulations, resulting in 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.

Legal analysis: According to China's criminal law, a person who hits and runs after a traffic accident causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal basis: Criminal Law of the People's Republic of China

Article 133: Traffic accidents.

Whoever violates traffic and transportation management regulations, resulting in 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 in the hospital; Stroke of caution after a traffic accident or other particularly heinous circumstances 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.

Where a traffic hit-and-run causing death constitutes the crime of causing a traffic accident, the perpetrator is to be sentenced to up to three years imprisonment or short-term detention. The crime of causing a traffic accident is objectively manifested as a criminal act of violating road traffic management regulations, causing a major traffic accident, causing serious injury or death, or causing major losses to public or private property, and being investigated for criminal responsibility in accordance with law. Criteria for determining traffic hit-and-run:

1) The subjective aspect, the subjective aspect, that is, the subjective motive of the perpetrator, and the motive for fleeing after a traffic accident is generally to evade the obligation to rescue and to evade accountability. This motivation is positive mental activity. Although the crime of traffic accident is a crime of negligence, it has direct intent to act only in terms of the act of escape.

Therefore, only when the perpetrator is aware of the offending act and has the direct intent to flee can it constitute a traffic accident and escape. Because from the subjective point of view, the criminal malice is small, and it is the fear of the consequences at the scene. However, there is no doubt that the escape was directly and intentionally.

Therefore, in any case, the actor must be aware that his act caused the traffic accident and have direct intention to escape when he escapes, which is the subjective aspect of the actor. (2) Objectively, the act of fleeing after a traffic accident must comply with the circumstances prescribed by law. From the perspective of criminal law theory, the most direct way to determine whether the perpetrator has committed a crime is to determine the objective aspects of the act.

The act of fleeing after a traffic accident is the act of fleeing on the basis of five circumstances stipulated in the Interpretation of the Supreme People's Court. This can make it clear that fleeing after a traffic accident is provided as an aggravating circumstance for the sentencing of the crime of traffic accident. That is to say, if the actor's previous acts did not violate traffic and transportation management regulations, or if there was a traffic violation, but the violation had no causal relationship with the result, or if the actor only bears equal or secondary responsibility in a traffic accident, and the result caused by the traffic act does not meet the standard for conviction of the basic crime of traffic accidents, or if the perpetrator is fully responsible or primarily responsible for the accident, only one person is seriously injured, but does not have the ability to drive under the influence of alcohol, drive without a license, or drive without a license plate In one of the circumstances provided, even if the perpetrator later escapes, it cannot be found to be an escape after a traffic accident.

[Legal basis].: Article 133 of the Law on the Simplified Wheel of Criminal Punishment.

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, 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.