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Non-road traffic accidents, compared to traffic accident handling, belong to traffic accident cases!
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1. If the tricycle is killed by a collision, if you are mainly responsible for the accident, you will be able to do so.
Zhi Xing stipulates that it is necessary to bear the responsibility of traffic accidents.
back to criminal responsibility. Answer.
2. Article 133 of the Criminal Law of the People's Republic of China stipulates that whoever violates the laws and 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.
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 stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
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 the amount of 300,000 yuan or more.
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:
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
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If you are primarily responsible, you may be suspected of committing a traffic accident and will also be liable for civil damages.
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1. The tricycle hits someone and dies, and the accident is repeated.
In the case of the main responsibility, according to the current regulations, the criminal liability for traffic accidents shall be borne.
2. Article 133 of the Criminal Law of the People's Republic of China stipulates that whoever violates the laws and 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.
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 stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
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 the amount of 300,000 yuan or more.
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:
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
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Traffic accidents, if there are no other follow-up malicious circumstances, are considered civil and lose money!
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Hello, 1, you take the case too lightly, and the case is not a problem that money can solve.
2. According to Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law, if a party escapes after a traffic accident, the party who escapes shall bear full responsibility.
3. Hit-and-run is a circumstance for the crime of traffic accident. A person who escapes after a traffic accident and has already committed the crime of causing a traffic accident will be subject to a criminal penalty of fixed-term imprisonment of not less than 3 years to 7 years. If a person dies as a result of escape, he shall be punished by imprisonment for not less than seven years.
The difference between the two is the determination of the time of death, death on the spot and death after the fact).
4. Now that the public security organs do not release people, it is unlikely that they will be released. The purpose of the other party's claim for compensation is to claim compensation to the greatest extent.
5. Release on bail pending further investigation is sufficient as long as the public security organ agrees.
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No, the definition of "road" in road traffic is a road that allows social vehicles and vehicles to pass. Your yard is private and cannot be considered a "road".
It's like a vehicle hitting someone on a construction site, it's not a traffic accident. This should be considered a civil dispute.
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Squat. At least two years, plus a mental damage fee to the family of the deceased
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As long as it is seen what responsibility is borne in the accident, if it causes the death of one person and bears the primary responsibility and above responsibility, it involves constituting the crime of causing a traffic accident; If it is the same liability or the following responsibilities, it is not involved.
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1. It depends on the specific situation. If he violates traffic management laws and regulations, causes a major accident, causes serious injury to others, and bears the main responsibility for the accident, his conduct meets the constitutive elements of the crime of causing a traffic accident, and he should be investigated for criminal responsibility for the crime of causing a traffic accident.
2. The crime of causing traffic accidents refers to criminal acts that violate road traffic management laws and regulations, cause serious injuries or deaths, or cause major losses to public or private property, and are investigated for criminal responsibility in accordance with law. According to the theory of China's criminal law, the establishment of any kind of crime must have four constitutive elements, namely, the object of the crime, the objective aspect of the crime, the subject of the crime and the subjective aspect of the crime. That is, whether a traffic accident constitutes a traffic accident is determined by the only criterion for determining whether the crime constitutes the crime of the crime.
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