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There is a legal basis for the traffic police's statement, and the basic composition of the crime of causing a traffic accident is: bear the main or full responsibility for the accident, and the victim is seriously injured or killed, of course, there are other circumstances, which must be issued by the traffic police to determine the driver's responsibility for the accident, and the traffic police should hand over the case to the criminal police to continue the investigation, and the criminal police will deal with it.
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Hello, depending on the responsibility for the traffic accident, if your father is primarily responsible, the traffic accident may be pursued. Criminal cases are prosecuted by the procuratorate on behalf of the state, and it does not mean that the two parties will not be held accountable because of mutual understanding; Obtaining the forgiveness of the victim and his or her family is only a sentencing circumstance.
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Friends, mourn first, don't be in a hurry, or your thinking will be very affected.
In fact, this involves the criminal law, and the "injured party" can not be held responsible, but whether to file a case, whether to prosecute, or whether to impose an actual punishment is decided by the public, the procuratorate, and the law, and we cannot decide.
The most important thing is how the traffic police or ** determined the nature of this matter, whether it was an accident or your father was also a little negligent. If it's the former, there's nothing, and if it's the latter, you won't necessarily go through these procedures that you talked about, and even if you go, your father won't have much responsibility, after all, even if your father is at fault, he won't have much, and he will eventually be sentenced to a suspended sentence, or exempted from prosecution, or exempt from criminal punishment. In short, judging from what you said, it generally won't be much of a deal. Relieved.
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The words of the traffic police only represent his unrestrained and indiscriminate behavior, and they do not represent the law. Your mother died in a sudden accident. If the family reconciles itself and does not pursue it, who would dare to sue your father above the law?
If it is necessary to prosecute, the prosecution should also be performed by the local people's procuratorate, and the traffic policeman is a bad mouth, please ignore him. He's nothing. I wish you a harmonious family!
Copywriting in accordance with the law**、
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It depends on the size of the force of the operation reason.
I think that even if there is a prosecution and there is a letter of understanding, criminal liability will generally not be pursued.
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Conditions for "fleeing after a traffic accident": (1) The perpetrator's traffic accident must reach the level of "causing serious injury or death to a person or causing major losses to public or private property", which is the premise and basis for determining a traffic accident and escape. If the perpetrator escapes without causing the serious consequences described above, it should not be found that the perpetrator "fled after causing a traffic accident", and it can only be considered as an aggravating circumstance for public security punishment.
First of all, you first look at the conditions for the composition of a traffic hit-and-run that I posted above, your behavior should not be characterized as a traffic hit-and-run, it can only be used as a public security punishment, and when you go tomorrow, talk to the party, that is, the micro-face driver, there should be no problem, I have told you so clearly, it is time to give a point.
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1. The driver of the motor vehicle is directly responsible for the traffic accident, and your friend's driving without a license is a serious violation of the management regulations and should be liable for compensation.
2. You are the owner of the vehicle, mismanaged, and give the motor vehicle to someone who has drunk alcohol and does not have a driver's license, and you should bear secondary responsibility for the occurrence of the traffic accident.
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First, the letter of understanding is partially invalid.
Because it violates the mandatory provisions of China's criminal law, the only way to determine whether a person is guilty or not is through the criminal law, not the letter of understanding signed between the parties.
Secondly, if the other party repents, I personally think that the other party can ask the other party to return the part.
Because the victim's family issued a letter of understanding requesting a lighter punishment for the defendant when they received a huge amount of compensation from the defendant's family, but repented at the first time, their behavior was actually tantamount to asking the court to resentence the defendant, which may give people the impression of "fraudulently obtaining compensation".
If the judge in this case adopts the suggestion of the victim's family, it will be unfair to the defendant and will also have a negative impact on society, which may lead to frequent similar situations in the future.
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Your letter of understanding only solves the issue of civil compensation, and criminal responsibility cannot be decided by you, and the calculation of the sentence will be calculated in detail in the court's judgment in the future, and the time spent in the detention center will be counted as the sentence.
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Does the contract mention 100,000 yuan as compensation?
Sentencing for the crime of causing traffic accidents: 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 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; Wait a minute.
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
Where the conditions for a suspended sentence are met for the crime of causing a traffic accident, a suspended sentence may be given. >>>More
Article 67 of the Criminal Law clearly defines voluntary surrender: "A person who voluntarily surrenders after committing a crime and truthfully confesses his or her crime is a voluntary surrender." The manifestation of voluntary surrender indicates that the subjective guilt of the offender is lighter than that of the person who has not surrendered, and the punishment can be mitigated, commuted or exempted.