What are the provisions of China s criminal law on the crime of causing traffic accidents?

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What are the provisions of China's criminal law on the crime of causing traffic accidents? Whoever, on the basis of article 133 of the Criminal Law of the People's Republic of China, 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; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and is 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. Therefore, we still use the four elements of the crime to explain the characteristics of the crime of causing a traffic accident, that is, whether the act of causing a traffic accident constitutes a traffic accident, and the only criterion for determining it is the criminal composition of the crime. The above is the lawyer to sort out the relevant content for you, do you understand?

Legal Analysis: 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; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the administration of transportation, 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. Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine:

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 and endangering 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.

Article 133 of the Criminal Law stipulates that the crime of causing traffic accidents occurs, and where a major accident occurs, causing serious injury or death, or causing major losses to public or private property, a sentence of up to three years imprisonment or short-term detention is to be given; 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.

Legal basis] Article 133 of the Criminal Law, where a major accident occurs in violation of traffic and transportation management regulations, causing serious injury or death to a person or causing major losses to public or private property, a sentence of up to three years imprisonment or short-term detention is to be given; 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.

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, 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.

1. How to punish death caused by traffic hit-and-run?

Whoever causes death as a result of a hit-and-run shall constitute the crime of committing a crime of causing an accident and shall be sentenced to fixed-term imprisonment of not less than seven years. 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, 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 to deal with death caused by traffic accident escape.

He is sentenced to more than seven years in prison and banned from driving for life. 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 there are traffic hit-and-run accidents or other particularly heinous circumstances, it is an aggravating circumstance for the crime of traffic accidents. 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, 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.

3. How to judge a traffic hit-and-run?

According to the provisions of Article 133 of the Criminal Law of the People's Republic of China, 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.

It can be seen from this that a person who hits and runs in a traffic accident or has other particularly heinous circumstances 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.

Criminal Law of the People's Republic of China

Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident and 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.

Legal analysis: 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, 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.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the administration of transportation, 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.