Can a hit and run person be detained if he suffered a leg injury

Where the hit-and-run person suffers leg injuries and meets the requirements for criminal detention, he shall be criminally detained.

Detention in criminal proceedings is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive a person of personal liberty of an existing offender or a major suspect in the course of investigation of a case directly accepted by the public security organs or the people's procuratorate when encountering a statutory emergency. Criminal detention must meet two conditions at the same time: first, the object of detention is an active offender or a serious suspect.

An active offender is a person who is in the process of committing a crime, and a major suspect is a person who has evidence to prove that he is suspected of committing a major crime. Second, it has one of the statutory emergency circumstances.

The Criminal Procedure Law imposes penalties on current offenders or major suspects in any of the following circumstances: The public security organs may detain the public security organs in advance

1) Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime.

2) The victim or a person who witnessed it at the scene identified him as having committed the crime.

3) Evidence of a crime is found in the vicinity or residence.

4) Attempting suicide, running away, or being on the run after committing a crime.

5) There is a possibility of destroying or fabricating evidence or colluding confessions.

6) Those who do not tell their real names and addresses, and whose identities are 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.

It is possible to detain, temporarily monitor**, **to end up and then detained.

He was released on medical parole and detained after his injuries were healed.

Analysis of the law of repentance: A hit-and-run person who causes injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and the incidental traveler shall bear civil liability for compensation.

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 the perpetrator escapes after causing a traffic accident and the victim suffers minor injuries, the traffic police department will detain him and impose an administrative punishment, and if it constitutes a crime of malpractice, it shall be transferred to the public security organ for criminal responsibility. The "Road Traffic Safety Law" stipulates that if a person escapes after causing a traffic accident and does not constitute a crime, the traffic management department of the public fan wide security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan.

Article 99 and 82 of the Road Traffic Safety Law of the People's Republic of China and Article 82 of the Criminal Procedure Law of the People's Republic of China.

Legal Analysis: Whoever violates the regulations on the management of transportation and transportation, resulting in 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 flees after causing a traffic accident or has other especially heinous circumstances, he is to be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; Whoever causes death as a result of a traffic hit-and-run shall be sentenced to fixed-term imprisonment of not less than 7 years. If a hit-and-run accident does not constitute a crime, 12 points shall be deducted, a fine of 200-2,000 yuan shall be given, and a concurrent detention of 15 days shall be imposed on a hit-and-run cause serious injury to one or more persons, and the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention.

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. Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, where the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety. Where the owner of a motor vehicle or the person in charge of a search is directly responsible for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Article 133-2 Whoever uses violence or grabs control of a driving control device against a driver of a moving public transport, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. Where the veteran drivers of the driving halls provided for in the preceding paragraph leave their posts without authorization on the public transportation they are driving, beat each other with others or assault others, endangering public safety, they shall be punished in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Legal analysis: A person who causes injury in a hit-and-run accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be liable for civil compensation.

Legal basis Liang Lifu:

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 particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Rubber carrying that caused death due to escape shall be sentenced to fixed-term imprisonment of not less than seven years.

If a hit-and-run accident injures someone and fails to believe that a crime is constituted, 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, and may also be detained for up to 15 days. Where a hit-and-run person is seriously injured and a crime is constituted, it shall be convicted and punished as the crime of causing a traffic accident. Article 133 of the Criminal Law of the People's Republic of China stipulates:

Whoever violates the laws and regulations on the administration of transportation and causes a major accident due to a quarrel, causing serious injury or death to a person, or causing major losses to public or private property by a waiter, 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.

Legal Analysis: There are two scenarios that need to be discussed when the perpetrator escapes:

1. It does not constitute a crime: the perpetrator committed an accident in violation of the law, and only caused minor injuries or injuries to the victim or the death of livestock such as pigs, cattle, sheep, etc., and the property loss was not large. At this time, if the perpetrator's escape itself does not cause other serious consequences, and the perpetrator does not constitute a crime, a fine of between 200 and 2,000 RMB is to be imposed, and detention of up to 15 days is to be given;

2. Constituting a crime: The perpetrator has a major traffic accident caused by illegal driving, resulting in serious injury, death or major losses to public or private property. At this time, the perpetrator has constituted the crime of causing a traffic accident, and the perpetrator fled by car in order to avoid legal investigation, but did not cause serious consequences as a result of the escape.

If this situation meets the prescribed aggravating circumstance of escaping after a traffic accident, the perpetrator shall be sentenced to fixed-term imprisonment of not less than three years but not more 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 and causing serious injury or death to a person or causing major losses to the private property of a public party, 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.

The perpetrator's escape needs to be discussed in two situations:1No offence constituted:

If the perpetrator only causes minor injuries or injuries to the victim or only causes the death of livestock (such as pigs, cattle, sheep, etc.), the amount of property loss is not large. At this time, if the perpetrator's escape behavior itself does not cause other serious consequences, and the perpetrator does not constitute a crime, the traffic management department of the public security organ may impose a fine of not less than 200 yuan but not more than 2,000 yuan in accordance with Article 99 of the Road Traffic Safety Law, and may be detained for up to 15 days. 2.

Constituting a crime: The perpetrator has committed a major traffic accident due to illegal driving, resulting in serious injury, death or major damage to public or private property, and the perpetrator has committed the crime of causing a traffic accident, and at the same time, the perpetrator has fled by car in order to avoid legal prosecution, but has not caused serious consequences due to the escape. This situation meets the aggravating circumstance of "fleeing after a traffic accident" as provided for in article 133 of the Criminal Law, and the perpetrator 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, a person who 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 criminal detention of the offender; Where a person escapes after causing a traffic accident or has other 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.