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Anonymous users2024-02-10The first escape point was at the moment immediately after the accident, and the police did not come to deal with it, or left while it was being processed.
The second escape was when the two parties agreed to go to the traffic police to deal with it, and promised to go, but did not go.
The third escape point is that you have already escaped, one party calls the police, and the police call to ask you to go, but you don't go. This is considered a deliberate evasion, and if the matter is clear, the traffic police have the right to sentence you to full responsibility. Even if you don't have responsibility.
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Anonymous users2024-02-09At that time, it was called escape.
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Anonymous users2024-02-08According to the relevant regulations, how long it is not a hit-and-run situation to arrive at the accident department, and only if the relevant provisions are met, it is considered a hit-and-run.
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
Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:
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;
6) Fleeing the scene of an accident in order to evade legal prosecution.
Article 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.
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Anonymous users2024-02-07If the person does not know that a traffic accident has occurred, it is generally not considered an escape. If the person concerned knows about it and flees the scene of the accident in order to avoid legal prosecution, it is considered to have escaped. For the perpetrator of a hit-and-run, if the crime of causing a traffic accident is constituted, 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.
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 crime 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. Article 2 of the "Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" Article 2: 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; 5) Driving with serious overload; 6) Fleeing the scene of an accident in order to evade legal prosecution.
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Anonymous users2024-02-06Legal Analysis: Not an escape. Traffic hit-and-run refers to the act of the driver of a motor vehicle fleeing the scene of the accident without authorization at the same time as a traffic accident, making the civil, criminal and administrative liability caused by the traffic accident impossible to determine, and its purpose is to shirk and escape responsibility.
Legal basis: Regulations of the People's Republic of China on Road Traffic Management
Article 8 If the owner of a motor vehicle mortgages a motor vehicle as collateral, the owner of the motor vehicle shall apply to the traffic management department of the public security organ that registered the motor vehicle for mortgage registration.
Article 9 If the registered motor vehicle meets the compulsory scrapping standards stipulated by the State, the traffic management department of the public security organ shall notify the owner of the motor vehicle to cancel the registration 2 months before the expiration of the scrapping period. The owner of the motor vehicle shall sell the motor vehicle to the motor vehicle enterprise before the expiration of the scrapping period, and the motor vehicle enterprise shall submit the scrapped motor vehicle registration certificate, license plate, and driving permit to the traffic management department of the public security organ for cancellation. If the owner of the motor vehicle fails to cancel the registration within the time limit, the traffic management department of the public security organ shall announce that the motor vehicle registration certificate, license plate and driving license are invalid.
If the application for cancellation of registration due to the loss of a motor vehicle is made, the owner of the motor vehicle shall submit his or her identity certificate to the traffic management department of the public security organ and return the motor vehicle registration certificate.
Article 10 The certificate and voucher submitted by the applicant for motor vehicle registration are complete and valid, and the traffic management department of the public security organ shall go through the registration formalities on the spot. The traffic management department of the public security organ shall not handle the registration of motor vehicles that have been sealed or seized by the people's courts, people's procuratorates and administrative law enforcement departments in accordance with law.
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Anonymous users2024-02-05Leaving the scene of an accident without knowing that a traffic accident has occurred is not an escape. If you are aware of a traffic accident and leave the scene, you are on the run. Specific limb bands are treated on a case-by-case basis.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 71 If a vehicle flees after a traffic accident, the witnesses at the scene of the accident and other persons with knowledge of the accident shall report to the traffic management department of the public security organ or the traffic police. If the report is true, the traffic management department of the public security organ shall give a reward.
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Anonymous users2024-02-04Legal analysis: Leaving the scene of an accident without knowing that a traffic accident has occurred is not an evasion. If you are aware of a traffic accident and leave the scene, you are on the run. Treat the situation on a case-by-case basis.
Legal basis: Article 71 of the Road Traffic Safety Law of the People's Republic of China? If the vehicle escapes after a traffic accident, the witnesses at the scene of the accident and other persons with knowledge of the accident shall report to the traffic management department of the public security organ or the traffic police.
If the report is true, the traffic management department of the public security organ shall give a reward.
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