Is there a time limit for how long the main responsibility is to be sentenced for a traffic accident

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Fixed-term imprisonment of less than three years, criminal detention or public surveillance, generally about 6 months.

Legal analysis: The minimum sentence for death caused by a traffic accident is up to three years imprisonment or short-term detention, and a person who violates traffic and transportation management regulations and thus causes a major accident that causes serious injury or death or causes major losses to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

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, 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 encountering a traffic accident or has other particularly 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 Whoever drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a fine for arguing stupidity: (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 bears direct responsibility 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, endangering the escort and public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to 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.

If a traffic accident causes the death of one person, if the person who bears full responsibility for the accident constitutes the crime of causing a traffic accident, he 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. In the case of equal or secondary liability, there is no criminal liability.

1. How many years should be sentenced to a drunk driver who hits and kills a person and escapes.

Drunk driving hits and kills a person and escapes: If the driver who is drunk driving bears the main or full responsibility for the accident, it constitutes the crime of causing a traffic accident and the crime of dangerous driving, and shall be punished concurrently for several crimes, generally with fixed-term imprisonment of not less than three years but not more than seven years and a fine. If the death is caused by escape, the sentence shall generally be fixed-term imprisonment of not less than seven years and a fine.

Article 133 of the Criminal Law of the People's Republic of China 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; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

2. How long is the sentence for the full responsibility of the person who was killed in a truck collision?

Whether a person is sentenced to death in a truck depends on whether it constitutes a crime. If he violates traffic laws and causes death, and bears full or primary responsibility for the accident, he will be guilty of causing a traffic accident. If the same liability for the accident results in the death of one person, it does not constitute the crime of causing a traffic accident.

According to article 133 of the Criminal Law, a person who 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 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. If the truck driver intentionally hits and kills someone, then he is suspected of intentional injury or intentional homicide.

3. How to punish driving without a license when you hit and kill a person.

If the perpetrator drives without a license and kills a person, and bears primary or full responsibility, it will constitute the crime of causing a traffic accident, and he is generally sentenced to fixed-term imprisonment of not more than three years or short-term detention. If the perpetrator escapes after causing a traffic accident or has other especially heinous circumstances, he is to 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 escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133 of the Criminal Law, 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.

There is no stipulation on how long the death of a traffic accident victim will be criminally responsible, and the perpetrator needs to be criminally responsible for the crime of causing a traffic accident. The law stipulates the statute of limitations for the crimes committed by the perpetrator, and there are different statutes of limitations for prosecution according to different sentences.

[Legal basis].Article 87 of the Criminal Law of the People's Republic of China.

The offence will not be prosecuted after the following periods have passed:

1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed;

2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment for breach of trust, 10 years have elapsed;

3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed; Empty wax.

4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.

According to Article 133 of the Criminal Law, three different punishment levels (sentencing grades) are prescribed for the crime of causing traffic accidents: 1. 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 criminal detention. The so-called "occurrence of a major accident" here, according to Article 2, Paragraph 1 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, refers to any 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 person bears 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 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 full or primary responsibility for the accident, and has one of the following circumstances, the person shall 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 without a license or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution. Other particularly heinous circumstances refer to any of the following circumstances:

1) If there are 2 or more deaths or 5 or more serious injuries, all or the main responsibility is borne;

2) 6 or more people are killed and are equally responsible 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 for more than 600,000 yuan. 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. Where, after a traffic accident, the perpetrator hides or abandons the victim after taking the victim away from the scene of the accident in order to avoid legal prosecution, causing the victim to die or be seriously disabled because the victim is unable to receive assistance, it shall be convicted and punished as the crime of intentional homicide or intentional injury in accordance with the provisions of Criminal Law article 232 and paragraph 2 of article 234, respectively.

The above is how long the sentence is for death caused by a traffic accident.

Legal analysis: The minimum sentence for death caused by traffic accidents is up to three years imprisonment or criminal detention, and if a major accident occurs due to a quarrel or loss in violation of traffic and transportation management regulations, causing serious injury or death or causing major losses to public or private property, a sentence of not more than three years imprisonment or criminal detention shall be given.

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 three years imprisonment or short-term detention by Li Chong; Where a person escapes after encountering 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; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

The minimum sentence for death caused by a traffic accident is not more than three years. Traffic accidents will be judged according to the social impact of the accident, the circumstances and other factors. Whoever escapes after causing a traffic accident is to 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 escape shall be sentenced to fixed-term imprisonment of not less than seven years.

What are the constitutive elements of the crime of causing a traffic accident?

1. The object of the crime of causing a traffic accident. It refers to the major transportation safety protected by the criminal law. Because only if a traffic accident is caused and has major consequences, the crime of traffic accident is constituted.

If it is only a traffic accident and does not cause major consequences, it does not constitute the crime of causing a traffic accident, nor is it a protected social relationship, and cannot constitute the object of the crime of causing a traffic accident;

2. The objective aspect of the crime of causing a traffic accident is manifested as the perpetrator's violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public and private property;

3. The subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility. In practice, it is mainly people who are engaged in transportation. Whether the crime of traffic accident is established in a case where a person under the age of 16 and over the age of 14 causes an accident by driving a motor vehicle and causing a major accident;

4. The subjective aspect of the crime of traffic accident is negligence. It is both negligent and overconfident. The negligence emphasized in the crime of traffic accident refers to the actor's mental attitude towards the serious consequences of the accident, and as for the duty of care for violating the traffic and transportation management regulations, it may be either knowingly committed or negligent, which does not affect the establishment of the crime of traffic accident.

If the perpetrator subjectively has an intentional mental attitude towards the serious consequences caused by his act, then the act should be punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of causing a traffic accident.

[Laws and Regulations].Article 133 of the Criminal Law of the People's Republic of China.

Whoever 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 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.