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Anonymous users2024-02-07The difference between a general traffic accident escape and a traffic accident crime is the harm of the accident to society. If the escape from a general traffic accident has not yet constituted a crime, the punishment shall be handled on the basis of Article 99 of the Road Traffic Safety Law. The determination of the escape circumstance of a general traffic accident refers to the act of fleeing in order to avoid legal prosecution after a traffic accident occurs.
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Anonymous users2024-02-06Depending on the severity of the accident, if the injury to the injured party is only slight, then it will be subject to administrative punishment, and if it causes serious economic losses to the victim or society, it will be subject to criminal punishment, but the specific punishment depends on the seriousness of the circumstances.
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Anonymous users2024-02-05Legal Analysis: It does not necessarily constitute a traffic accident. If it causes serious injury to more than one person, the escape for which all or the main responsibility for the accident is borne will constitute the crime of causing a traffic accident, and if this condition is not met, the escape will not constitute the crime of causing a traffic 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 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.
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Anonymous users2024-02-04Legal Analysis: It does not necessarily constitute a traffic accident. If it causes serious injury to more than one person, the escape for which all or the main responsibility for the accident is borne will constitute the crime of causing a traffic accident, and if this condition is not met, the escape will not constitute a crime of causing a traffic accident.
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 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; Where a pickpocket striker causes death as a result of escaping, he shall be sentenced to fixed-term imprisonment of not less than seven years.
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Anonymous users2024-02-03The constitutive elements of the crime of traffic accident and escape are: the perpetrator of the traffic accident constitutes the crime of traffic accident; subjectively knowing, or likely to know, that a traffic accident has occurred; fleeing after a traffic accident; Be legally responsible for traffic accidents; Fleeing in order to evade legal action.
Traffic hit-and-run shall be subject to administrative punishment, compensation for economic losses, and criminal responsibility shall be pursued if serious injury or death is caused. >>>More
According to Article 99 of the Road Traffic Safety Law of the People's Republic of China, 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, provided that the person escapes after causing a traffic accident and does not constitute a crime. >>>More
1. Fines are administrative penalties, and you will not be fined if you do not violate the rules. >>>More
With the improvement of living standards, there are more and more vehicles on the road, and many netizens have questions about the time limit for the traffic police to deal with traffic accidents. If there is a need to conduct an inspection or appraisal, a traffic accident identification document shall be drafted within 5 days from the date on which the results of the inspection or appraisal are determined. >>>More
Traffic accidents often involve the issue of compensation, if both parties are willing to negotiate at this time, then the traffic police department can apply for mediation for damages, according to the relevant provisions of the traffic law, traffic accident damage compensation rights and obligors unanimously request the traffic police department to mediate damages, can be received within 10 days from the date of receipt of the traffic accident to the traffic police department to submit a written application for mediation. It should be noted that the mediation compensation by the traffic police department is not a necessary procedure for the dispute resolution of both parties to the traffic accident, this is only the work within the scope of duties, whether to agree to mediation is decided by the parties themselves, so that it is not only easy for the parties to accept, but also relatively smooth when performing the mediation agreement, if one of the parties does not perform, the other party can file a lawsuit with the court. Of course, in the case of a dispute over compensation for traffic accident damages, the parties can request the traffic police department to mediate, or they can directly file a civil lawsuit with the court. >>>More