What should I do if I hit and run after a traffic accident?

1. Whoever escapes after causing a traffic accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

Article 3 of the Interpretation stipulates that the so-called "fleeing after a traffic accident" refers to the act of fleeing after a traffic accident in order to evade legal prosecution if the perpetrator has one of the circumstances provided for in Article 2, Paragraph 1 and Paragraphs (1) to (5) of this Interpretation.

First, the prerequisite for a traffic hit-and-run is "to escape legal prosecution", and secondly, there is no time and place limit for a traffic hit-and-run, and it should not only be understood as "fleeing the scene of the accident", but also as "fleeing after a traffic accident" if the injured person is not fleeing (or failing to escape) the scene of the accident after the accident, but fleeing after sending the injured person to the hospital or waiting for the traffic management department to deal with it, it should also be regarded as "fleeing after a traffic accident".

Article 4 of the Interpretation stipulates that a traffic accident that falls under any of the following circumstances is "with other particularly heinous circumstances":

1) Two or more people are killed or five or more people are seriously injured, and the person bears full or primary responsibility for the accident;

2) If there are six or more deaths, the same responsibility for the accident is borne;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for the amount of more than 600,000 yuan.

2. 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.

According to the Interpretation, "death due to a traffic hit-and-run" refers to a situation in which the perpetrator flees after a traffic accident to avoid legal prosecution, resulting in the victim's death due to lack of assistance. However, criminal law theories have formed many different views on "death due to traffic hit-and-run". This book argues that the mental attitude of "causing death due to a traffic hit-and-run" should be limited to negligence, because the crime of traffic accident is a crime of negligence, and in order to maintain the purity of the crime, the mental attitude of its aggravated composition should also be negligence.

Therefore, the Interpretation stipulates that if the perpetrator hides or abandons the victim after taking the victim away from the scene of the accident in order to avoid legal prosecution after causing a traffic accident, resulting in the death or serious disability of the victim who cannot be rescued, he shall be convicted and punished for the crime of intentional homicide or intentional injury in accordance with the provisions of Article 232 and Article 234, Paragraph 2 of the Criminal Law respectively.

Q: My relative, a driver, had a traffic accident last night due to drunk driving, and he drove away because he was very scared. Today, he learned that one person was killed and one person was seriously injured, and he heard that the handling of escaping after the accident would be very serious, and he is very scared now, does he have any other remedies now?

Answer: The crime of causing a traffic accident refers to the act of violating traffic and transportation management regulations, resulting in a major accident, causing serious injury or death to a person or suffering major losses to public or private property. According to 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", a person who causes a traffic accident in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

If one person dies or three people are seriously injured, he or she shall bear all or the main responsibility for the accident......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: ...... driving a motor vehicle while drunk or taking drugs

In this case, your relative was driving illegally under the influence of alcohol, and as a result, a major traffic accident occurred, resulting in the serious consequences of one death and serious injury of another, and bears full responsibility for the accident, and his actions have constituted the crime of causing a traffic accident and should be sentenced to fixed-term imprisonment of not more than three years or criminal detention. However, according to the provisions of Article 133 of the Criminal Law of the People's Republic of China, a person who escapes after causing a traffic accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years or 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. For your relative's act of escaping after a traffic accident, the sentence should be between three and seven years.

Therefore, in order to obtain leniency from the law, please ask him to turn himself in as soon as possible.

Legal analysis: Whoever escapes after causing a traffic accident shall 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 escaping shall be sentenced to fixed-term imprisonment of not less than seven years.

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; Whoever escapes after causing a traffic accident or has other especially heinous circumstances, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever is sentenced to death by escaping shall be sentenced to fixed-term imprisonment of not less than seven years.

If a traffic hit-and-run accident occurs, if it does not constitute a crime, the traffic management department of the Jingji public security organ may impose an administrative penalty of a fine of not less than 200 yuan but not more than 2,000 yuan on the escapee. If a major accident is caused, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.

[Legal basis].

Article 99, Paragraph 1, Item 3 of the Road Traffic Safety Law causes a traffic accident and escapes, but it 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. If the first bright source and the second crack of the one hundred and one second crack cause a traffic accident and escape, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.

In the handling of traffic hit-and-runs, if the perpetrator's escape behavior itself does not cause other serious consequences, the perpetrator does not constitute a crime, and a fine of between 200 and 2,000 yuan is to be imposed, and may be detained for up to 15 days; If the perpetrator violates the rules and drives in violation of regulations and causes a major traffic accident, resulting in serious injury, death or major damage to public or private property, the perpetrator has constituted the crime of causing a traffic accident and shall be subject to criminal punishment.

[Legal basis].

Article 133 of the Criminal Law.

Whoever violates traffic and transportation management regulations, 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 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.

Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and shall also be fined:

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 or manager of a motor vehicle is directly responsible for items (3) and (4) of the preceding paragraph, punishment is to be imposed in accordance with the provisions of the preceding paragraph.

Legal analysis: If a traffic accident escapes, 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 be detained for 15 days; if a crime is constituted, the sentence shall be 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. The basis of the law:

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; Pang Xiang, who caused death by escaping, was sentenced to fixed-term imprisonment of not less than seven years.

Legal analysis: If a traffic accident escapes, 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 be detained for 15 days; if a crime is constituted, the sentence shall be 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.

Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China commits any of the following acts, and 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

1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;

2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;

3) Fleeing after causing a traffic accident that does not constitute a crime;

4) The motor vehicle is driving more than 50% of the speed limit;

5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;

6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;

7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;

8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses. Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained for up to 15 days. 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 more than three years or 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.

Legal analysis: If a traffic accident escapes, 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 be detained for 15 days; if a crime is constituted, the sentence shall be 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.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates traffic and transportation management regulations, 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 escapes after causing a traffic accident or has other particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or 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.