The person is fine, the retrograde is gone, is it a hit and run

Leaving the scene without the traffic accident being investigated by the traffic police or without consultation between the two parties! It can be considered a hit-and-run ......Even if it's your responsibility, he can't say that you ......You can ask him to compensate you for all your losses ......What's more, he is a ...... driving without a license

Legal analysis: In a general accident, the escaped party shall bear full responsibility, and if the accident involves serious injury or death of the victim, it shall be suspected of committing a crime and bear criminal responsibility.

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.

If a hit-and-run accident is not a crime, the owner of the car will have his driver's license revoked and fined, and in serious cases, he may be detained for several days. If it causes serious injury to a person, it constitutes a traffic accident crime, so the punishment faced by the owner is a criminal punishment, and the sentence is very likely. A hit-and-run is an aggravated act in which the owner bears full responsibility for the accident.

1. Whether there is a criminal record in the hit-and-run.

There is a criminal record for hit-and-run.

If a traffic hit-and-run constitutes a traffic accident and is investigated for criminal responsibility, it will leave a criminal record. If it does not constitute a crime, there will be no criminal record.

A citizen's case record is generally left by the fact that he has been punished by law, and any case record will enter the personal file, and after entering the personal file, the case record may affect future work, and even affect the child's choice of school. If the hit-and-run does not constitute a crime, the traffic management department of the public security organ will impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may also be detained for up to 15 days.

Minor traffic hit-and-run accidents generally do not leave a criminal record. If it is a criminal offense, the suspect or defendant will have a criminal record, for example, if it constitutes a traffic accident, there will be a criminal record. However, minor traffic hit-and-run accidents are generally administrative penalties.

The so-called "case record" refers to the act of entering the personal file, which only refers to the act of recording the file of the conviction of the relevant brokerage department after the criminal perpetrator bears criminal responsibility. Traffic accident refers to the situation in which the vehicle behavior cracks the hand and the person who has collided, rolled, scraped, overturned, crashed, lost the car and other personal and property losses in the process of driving, and bears the corresponding responsibility for the accident. The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.

Where the social harm caused by a traffic accident reaches a certain level and meets the requirements for conviction as provided for in the Criminal Law, the criminal legal responsibility of the relevant responsible persons shall be pursued in accordance with law.

2. How to punish the perpetrator for minor injuries caused by a hit-and-run.

There is no penalty for a hit-and-run accident that results in minor injuries. The criterion for filing a traffic hit-and-run crime is to cause serious injury or death. In the case of minor injuries, the person will face administrative detention for up to fifteen days.

Fleeing after causing a traffic accident 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.

3. How to deal with the results of a hit-and-run.

If the hit-and-run accident is not constituted, a fine of 200 to 2,000 yuan shall be imposed in accordance with regulations, and detention for up to 15 days may be concurrently.

If a crime is constituted, a sentence of fixed-term imprisonment of more than or equal to three years but not less than seven years shall be imposed in the case of a traffic hit-and-run, and if the death of the person concerned is caused by the escape, a sentence of more than seven years imprisonment shall be given. and was revoked driver's license and could not take the test for life.

Article 90 of the Road Traffic Safety Law of the People's Republic of China provides that a motor vehicle driver who violates the provisions of road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions.

If the party is driving in the wrong direction, if the other party is not at fault, the party driving in the opposite direction shall bear full responsibility; If the other party is also at fault, according to the role of their respective faults in the occurrence of road traffic accidents and the severity of the fault, the traffic management department of the public security organ shall determine that both parties bear primary responsibility, equal responsibility and secondary responsibility respectively. Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents stipulates that the traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the parties' actions in the occurrence of road traffic accidents and the severity of their faults. (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) Where a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne according to the effect of the disturbing behavior on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable.

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

Item 7 of the first paragraph of Article 1 of the road traffic safety violation score value of the motor vehicle driver driving a motor vehicle on the highway in reverse, wrong-way, crossing the ** divider U-turn, 12 points at a time. Where the driver of a motor vehicle drives a motor vehicle in item 9 of the first paragraph of Article 3 and does not overtake or yield in accordance with regulations, or drives in the opposite direction, 3 points shall be deducted at a time. Article 90 of the Road Traffic Safety Law provides that a motor vehicle driver who violates the provisions of road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 20 yuan but not more than 200 yuan.

Where this Law provides otherwise, punishment is to be suspended in accordance with the provisions.