Can a repeat offender who has been convicted of a traffic offence be subject to out of home executio

According to article 65 of the Criminal Law of the People's Republic of China (law), a criminal who has been sentenced to fixed-term imprisonment or higher commits another crime sentenced to fixed-term imprisonment or higher within five years after the completion of the criminal punishment is completed, is a recidivist and shall be given a heavier punishment.

Article 65 of the Criminal Law of the People's Republic of China (Law) [Ordinary Recidivism] Criminals who have been sentenced to fixed-term imprisonment or higher, and who, after the completion of the criminal punishment or pardon, commits another crime that should be sentenced to fixed-term imprisonment or higher within five years, is a recidivist and shall be given a heavier punishment, except for crimes of negligence and crimes committed by persons under the age of 18.

The period provided for in the preceding paragraph is calculated from the date on which the parole period is completed for criminals released on parole.

Article 238 of the Criminal Law of the People's Republic of China (Law) [Crime of Unlawful Detention] Whoever illegally detains another person or illegally deprives others of their physical liberty by other means shall be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where death is caused, the sentence is to be 10 or more years imprisonment. Where violence is used to cause injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.

Where others are illegally seized or detained for the purpose of collecting debts, punishment is to be given in accordance with the provisions of the preceding two paragraphs.

Where employees of state organs abuse their authority to commit the crimes in the preceding three paragraphs, they are to be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.

In addition to your statement, the following main factors will affect the conviction and sentencing: 1. Responsibility for the accident, full responsibility or primary responsibility. 2. The economic losses caused and whether they have been compensated. 3. Whether there are escape, speeding and other plots.

1. Article 133 of the Criminal Law stipulates that a person who violates traffic and transportation management regulations 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 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; where death is caused by escape, a sentence of not less than seven years imprisonment is to be given;

Whoever causes serious injury to one or more persons in a traffic accident and bears all or the main responsibility for the accident and drives a motor vehicle under the influence of alcohol shall be punished as the crime of causing a traffic accident.

2. Sentencing standards for traffic accidents:

The following conduct is to be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

1. Bear full or primary responsibility for the accident: one person dies or three or more people are seriously injured;

2. Equally responsible for the accident: three or more deaths;

3. Causing direct losses of more than 300,000 yuan to public property or other people's property, bearing full or primary responsibility for the accident and being unable to compensate. 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 alcohol 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;

6) Fleeing the scene of an accident in order to avoid legal prosecution.

Any of the following acts shall be deemed to have "other particularly heinous circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:

1. Bear all or the main responsibility for the accident: two or more deaths or five or more serious injuries;

2. Equally responsible for the accident: six or more deaths;

3. Causing direct losses of more than 600,000 yuan to public property or other people's property, and bear full or primary responsibility for the accident, and have no ability to compensate.

If the punishment is to be mitigated, it is necessary to actively compensate the victims' families for their economic losses and obtain their forgiveness.

Once the criminal process is initiated, the sentence is certain.

If you reach a settlement agreement with the family of the deceased, the probability of a suspended sentence should be 85%. That is, you should try to satisfy the other party in terms of compensation, which is good for you. Of course, on the premise that the other party is satisfied, the less money is given, the better.

The exact amount of compensation should refer to your local living standard.

Bail can be filed by a close relative and a bond is required. According to the law, the money is to be returned after the trial if the suspect does not violate the bail provisions. But according to the unspoken rules of the Public Security Bureau, the money will definitely be confiscated.

Generally, it is relatively easy for the public security organs to approve the application for release on bail pending further investigation before the criminal suspect is arrested. After a criminal suspect is arrested, it is not easy to approve bail pending further investigation, and the public security organs often shirk the applicant to submit the bail application to the procuratorate on the grounds that the case has already been arrested by the procuratorate and no longer accepts the bail application.

Speeding is a violation of traffic rules, so you have to pay the full rules, and you will lose money in a lawsuit But there shouldn't be so much, bail can be done now But there must be someone No one can do it In today's society, you understand that bail is handled at the police station, find a case handler, handle it, if you compensate the victim's family is satisfied, they will give you a letter of understanding, agree with the judge to deal with it leniently, sentence a suspended sentence, or not sentence, you have to discuss this with the victim You have to put some effort into the police station, that is, to find someone You understand, I've been typing for a long time, I hope you can understand.

The so-called traffic hit-and-run is the act of the perpetrator who has the following circumstances in a traffic accident and flees because he escapes from legal prosecution:

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

2) If there are three or more deaths, the same responsibility for the accident shall be borne by the same person;

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 300,000 yuan or more.

4) Driving a motor vehicle after drinking or taking drugs, causing serious injury to one or more people, and bearing full or primary responsibility for the accident;

5) Driving a motor vehicle without driving qualifications and causing serious injury to more than one person, and bearing full or primary responsibility for the accident;

6) Driving a motor vehicle with incomplete safety devices or malfunctioning safety parts, causing serious injury to one or more persons, and bearing full or primary responsibility for the accident;

7) Knowingly driving a motor vehicle without a license or scrapped and causing serious injury to more than one person, and bearing full or primary responsibility for the accident;

8) Serious overloading driving causes serious injury to more than one person, and bears full or main responsibility for the accident.

Criminal liability for traffic accidents.

According to the provisions of article 133 of the Criminal Code, three different punishment levels (sentencing scales) are prescribed for the crime of causing traffic accidents:

There was a major accident.

1.Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death to a person or causes major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention.

The so-called "occurrence of a major accident" here, according to Article 2, Paragraph 1 of the Interpretation, refers to one of the following circumstances:

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

2) If there are three or more deaths, the same responsibility for the accident shall be borne by the same person;

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 300,000 yuan or more.

Paragraph 2 of Article 2 of the Interpretation stipulates that if a traffic accident causes serious injury to more than one person, and bears all or the main responsibility for the accident, and has any of the following circumstances, it shall be convicted and punished as the crime of traffic accident:

1) Driving a motor vehicle after drinking alcohol 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;

6) Fleeing the scene of an accident in order to avoid legal prosecution.

According to the provisions of Article 133 of the Criminal Law, whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; Where a traffic accident occurs and escapes, or there are other especially heinous circumstances, a sentence of between 3 and 7 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 7 years.

If you are primarily responsible, you will be sentenced, and you will be released on bail pending trial when the arrest notice is issued, and you will need to pay a bond. If mediation is reached and compensation is completed, a suspended sentence will be given.

After being criminally detained for the crime of causing a traffic accident, it generally does not exceed 37 days for the arrest to be approved by the public security organ.