Traffic criminal detention, criminal detention for traffic accidents

In this case, your friend is guilty of a traffic accident and is punishable by imprisonment for up to three years or less or criminal detention.

Depending on the age of the elderly, the state has relevant compensation standards. It is also in vain for the other lion to open his mouth widely.

Generally, within one month after the accident, the traffic police will issue a letter of responsibility for the accident, and after the two parties have no objection to sign, the traffic police will mediate, release the car, and if the mediation fails, it will be transferred to the court, and the court will hear it in accordance with the law. In this case, the court will give a suspended sentence!

In terms of time, it varies from 1 to 3 months.

A traffic accident is not a casual criminal liability, but must first violate the Road Traffic Law and cause a major accident that causes serious injury or death, and the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

However, the judicial interpretation clearly stipulates that only when a major traffic accident occurs, resulting in the death of one person, and the person bears the main or full responsibility, does the crime of causing a traffic accident be constituted.

If your friend is found to be primarily or wholly responsible in the letter of responsibility issued by the traffic police brigade, it will constitute the crime of causing a traffic accident, and then your friend will be arrested and transferred to the procuratorate for review and prosecution.

Detention for suspected traffic accidents is generally only 3 days (or 4 more days may be extended), plus 7 days for approving arrest, which may be 10 or 14 days, as for the 37 days stipulated in the Criminal Procedure Law, traffic accidents will not be involved.

It is recommended that your friend find a professional lawyer to intervene now, if it constitutes a crime, you can give a suspended sentence, and the compensation issue will also help your friend find a way to solve it reasonably.

According to the law and my experience, your friend's case is suspected of causing a traffic accident, and the statutory sentence is usually less than three years.

He is currently facing criminal prosecution and sentencing. It is necessary to go through the three stages of public security, procuratorate, and law, and the specific outcome depends on the specific facts of the case and the lawyer's defense.

The stakes are high, and it is advisable to hire a professional criminal defense lawyer to intervene as soon as possible to visit, provide legal assistance and defense.

Criminal detention for the crime of causing a traffic accident is as follows: Article 154 of the Criminal Procedure Law: The period of investigation and detention after the arrest of a criminal suspect shall not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above. Article 169 of the Criminal Procedure Law provides:

The people's procuratorate shall make a decision within one month of a case transferred for prosecution by the public security organs, and may extend it by half a month in major or complicated cases. Article 202 of the "Criminal Procedure Law" stipulates that a people's court hearing a public prosecution case shall pronounce the verdict within two months after receiving the verdict, and not more than three months at the latest.

In cases where the death penalty might be given, or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 156 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval.

Those who commit a traffic accident will be held criminally liable and will be subject to coercive measures, i.e. criminal detention. 1. Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for not less than one month but not more than three months, and shall be fined not less than 200 yuan but not more than 500 yuan; Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and shall be detained for not more than 15 days and have his motor vehicle driver's license temporarily detained for not less than three months but not more than six months, and shall also be fined not less than 500 yuan but not more than 2,000 yuan. Anyone who drives a motor vehicle after drinking alcohol shall be temporarily confined and detained for three months of motor vehicle driver's license and fined 500 yuan; Anyone who drives a commercial motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and shall be detained for not more than 15 days, have his motor vehicle driver's license suspended for six months, and shall also be fined 2,000 yuan.

2. Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, or when the motor vehicle driver's license is revoked, or during the period when the motor vehicle driver's license is suspended, may be detained for up to 15 days; 3. Those who flee after causing a traffic accident and do not constitute a crime may be detained for up to 15 days; 4. Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, and requirements for safe driving of motor vehicles, causing a traffic accident, but it does not constitute a crime, may be detained for up to 15 days; 5. Those who violate the provisions of traffic control and forcibly pass and do not listen to dissuasion may be detained for up to 15 days; 6. Those who intentionally destroy, move, or alter transportation facilities, causing harmful consequences, but do not constitute a crime, may be detained for up to 15 days; 7. Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious obstruction of traffic cars or relatively large property losses, may be detained for up to 15 days. Traffic arrest refers to the detention of the perpetrator by the driver if he violates the traffic law, but does not constitute a crime.

Criminal detention shall be applied in the event of any of the following circumstances: 1. Article 80 of the Criminal Procedure Law stipulates that the public security organs may detain an active offender or a major suspect in advance under any of the following circumstances: (1) Those who are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime; (2) The victim or a person who was present at the scene and saw it with his own eyes pointed out that the ant clan confessed to his crime; (3) Evidence of a crime is found in the vicinity or in the residence of the person who is stuffy; (4) Attempting suicide, escaping, or being at large after committing a crime; (5) There is a possibility of destroying or fabricating evidence or colluding confessions; (6) Not telling the real name and address, and the identity is unknown; (7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

2. The circumstances under which the people's procuratorate decides to detain are: (1) attempting suicide, escaping, or being on the run after committing a crime; (2) There is a possibility of destroying or fabricating evidence or colluding confessions. After the people's procuratorate decides to detain you, the public security organs are to enforce it.

Legal analysis: When the public security organs detain and sentence a person to be retained, they must present a detention warrant.

After detention, the detainee's family or his work unit shall be notified of the reason for the detention and the place of detention within 24 hours, except in circumstances where the investigation is obstructed or notification is not possible.

Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it within three days of the detention. Under special circumstances, the time period 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.

If the public security organ finds that the people's procuratorate's decision not to approve the arrest is in error, it may request a reconsideration, but the detainee must be released immediately. 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.

Legal basis: Article 10 of the Law of the People's Republic of China on Public Security Administration Punishments The types of public security administrative punishments are divided into:

a) Warning; b) fines;

3) Administrative detention;

4) Revoke permits issued by public security organs.

Foreigners who violate the public security administration may be subject to additional application of a time limit for leaving the country or deportation.

Legal Analysis: Detention for traffic violations is administrative detention. Criminal liability is pursued only if the harassment is constituted and the crime is committed.

Penalties for traffic violations are divided into five categories, the most common of which is fines, and the most serious punishment is detention, which is imposed by the public security department by restricting the personal freedom of the person.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 88 The types of punishments for road traffic safety violations include: warnings, fines, suspension or revocation of motor vehicle driving licenses, and detention of motor vehicles.