Should I be detained if I am seriously injured when I hit someone with a car, and can I be detained

The crime of traffic accident refers to the criminal act of violating road traffic management regulations, causing serious injury or death, or causing major losses to public or private property, and being investigated for criminal responsibility in accordance with the law. If it constitutes a crime of causing an accident, it must be detained and sentenced, if it is injured in a situation where you are very normal in all aspects, it will not constitute a traffic accident, since it is not a crime, it will naturally not detain you, it is just a traffic accident, and you can give compensation and forgiveness according to the responsibility divided by the traffic police. Something like this、It is recommended that everything go through the normal procedure.

If the main responsibility is met, he is suspected of causing a traffic accident and may be criminally detained.

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

Paragraph 5 of Article 2 stipulates: If a traffic accident causes serious injury to more than one person, and bears all or the main responsibility for the accident, and has any of the following circumstances, it shall be convicted and punished as the crime of 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 without a license or scrapped;

5. Driving with serious overload;

6. Fleeing the scene of an accident drunk in order to evade the law.

Therefore, if the above circumstances exist and may be investigated for criminal responsibility, the driver who caused the accident will be criminally detained.

If a person is seriously injured by driving a car and is seriously injured by violating traffic rules and regulations, and bears full or primary responsibility for the accident, and does not have other heinous circumstances such as evasion, he may be sentenced to short-term detention. Driving a car that causes serious injury to a person, violates traffic regulations, and bears full or primary responsibility for the accident, constitutes the crime of causing a traffic accident, and the general sentencing circumstances for the crime of causing a traffic accident include short-term detention.

Legal basis] Article 1 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.

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 without a license or a scrapped motor vehicle;

5) Driving with serious overload; Sleepy.

6) Fleeing the scene of an accident in order to evade legal prosecution.

1.If the driver of the vehicle drives the vehicle and intentionally hits and injures a person, this act is already suspected of intentional homicide, and the court will also try and convict him for intentional homicide, and the driver of the vehicle will bear a more severe criminal punishment.

2.If the driver of the vehicle is involved in an accident and does not intentionally injure another person to death, it will most likely constitute a traffic accident offence. After an accident, the police generally place the driver of the vehicle in criminal custody.

However, whether he will be sentenced depends on whether he violated traffic laws during the accident, and it is also related to the degree of personnel and the amount of losses caused by the traffic accident.

1. How to sentence a person who was killed by driving while driving drunk without a license.

If you hit someone while driving while intoxicated, you will definitely be subject to criminal punishment, and drunk driving itself will be subject to criminal punishment, not to mention a traffic accident. According to the provisions, if a traffic accident occurs while driving while intoxicated, it is generally convicted and punished as the crime of causing a traffic accident, and the specific sentencing is in accordance with the provisions of Article 133 of the Criminal Law of the People's Republic of China. In practice, the sentencing in this case also needs to be specifically divided according to the circumstances that caused the traffic accident.

It is mainly divided into the following situations:

First, a sentence of up to three years imprisonment or short-term detention is to be given in accordance with law. There are three specific situations:

1. Where the perpetrator causes a traffic accident while intoxicated, resulting in the death of one person or the serious injury of three or more persons, and the perpetrator bears full or primary responsibility for the accident;

2. Where the perpetrator causes the death of three or more persons while driving while intoxicated, he bears equal responsibility for the accident. That is to say, the victim is also responsible for the accident, such as the victim is also drunk and causes the victim to run a red light, scurrying on the road, etc.;

3. Where the perpetrator is driving while drunk and causes direct losses to public property or other people's property in an amount of 300,000 yuan or more, but is unable to repay it, and bears full or primary responsibility for the accident.

Second, a sentence of three to seven years in prison is imposed in accordance with the law. There are two specific situations:

1. The driver hits and runs after causing a hit;

2. The driver has other particularly heinous circumstances, such as intentionally damaging public property and resisting inspection and arrest.

Third, a fixed-term imprisonment of not less than seven years shall be imposed in accordance with the law. The specific situation is that the victim dies as a result of the perpetrator's escape. If the perpetrator hits someone because he is afraid of being punished, regardless of the victim's teasing, he escapes, and the victim dies because he was not sent to the hospital in the first time and did not get timely **.

We can see that the punishment for hitting and killing people after drunk driving is very serious, and we should control ourselves in life, so that we don't drink and drive, don't drink while driving, and abide by laws and regulations, which is not only to protect ourselves, but also to protect others.

The relevant legal basis for the association of this buried and sold text].

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 to quietly occur, 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.

Legal analysis: Whether a person who is seriously injured by a car depends on the specific situation. 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 people are seriously injured, and the person is responsible for all or the main side of the accident; (2) Where three or more people are killed, and they are equally responsible for the accident.

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 particularly heinous circumstances, he 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.

Whether or not a person who is seriously injured by a car or not can be detained depends on the specific situation. In any of the following circumstances, a person shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention: (1) Whoever dies one person or seriously injures three or more persons, and 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 direct damage to public property or the property of others, bearing full or primary responsibility for the accident, and being unable to compensate for the amount of more than 30,000 yuan.

In any of the following circumstances, 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 alcohol or taking drugs; 2) Driving a motor vehicle without driving qualifications; (3) Knowingly renting a motor vehicle with incomplete safety devices or malfunctioning safety components; (4) Knowingly driving a motor vehicle without a license or has been scrapped; 5) Driving with serious overload; 6) Fleeing the scene of an accident in order to evade legal prosecution. In any of the following circumstances, a traffic accident is "with other particularly heinous circumstances" and is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:

1) Where two or more persons are killed or five or more persons are seriously injured, and they bear full or primary responsibility for the accident; (2) Where six or more people are killed and bear equal responsibility 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 an amount of 600,000 yuan or more. Article 4 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, 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, Article 133 of the Criminal Law of the People's Republic of China.

If a person is seriously injured by a car hit, if he hits and runs after the accident or there are other particularly heinous circumstances, he may not be sentenced to criminal detention. Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates the regulations on the management of transportation and transportation, 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.

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, 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.

Lawyer's Answer: Where hitting and injuring a person with a car constitutes a crime, a sentence of up to three years imprisonment or short-term detention is to be given, and the period of short-term detention is between one month and six months. Article 42 of the Criminal Law Duration of Detention The duration of criminal detention shall be not less than one month of rotation and not more than six months. Article 133 Whoever violates the Traffic and Transportation Management Law 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.

Legal analysis: If you hit and injure someone by driving, if it is a traffic accident, you will be investigated for criminal responsibility in accordance with the law. He shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. If the administrative punishment is to be imposed, the administrative detention shall not exceed 15 days and a fine shall be imposed.

Legal basis: Civil Procedure Law of the People's Republic of China Article 91: Where a public security organ finds that it is necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within 3 days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.

For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days. The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation.

Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

Article 92: When public security organs find that the people's procuratorate's decision not to approve arrest is in error, they may request a reconsideration, but the detained person must be immediately released. If the opinion is not accepted, a request for review may be submitted to the people's procuratorate at the level above. The higher-level people's procuratorate shall immediately review it, make a decision on whether to change it, and notify the lower-level people's procuratorate and public security organs to enforce it.