Whether an unlicensed driver who drove a forklift and crushed a person to death can be released on b

Driving a forklift without an operating license caused the death of one person, and he was suspected of the crime of major liability accident. Because they do not pose a threat of continuing to endanger society, they may be released on bail pending further investigation. According to the law, 6 8, 6 8 The public, procuratorial and judicial organs have the right to use release on bail pending further investigation.

In terms of procedure, it is further divided into: first, the public, procuratorial and judicial organs directly and actively adopt release on bail pending further investigation according to the specific circumstances of the case; The second is to decide on release on bail pending further investigation on the basis of the application of the lawyer hired by the criminal suspect during the investigation phase or on the basis of the application of the criminal suspect, defendant and their legal ** person 6 8, 6 8. 6 8 can be seen 6 8, 6 8 The decision on bail pending further investigation rests with the public, procuratorial and judicial organs 6 8.

6 8 After the decision to release on guarantee pending further investigation 6 8, 6 8 The case-handling personnel shall fill out the decision to release on guarantee pending further investigation and the notice of release on guarantee pending further investigation 6 8, 6 8 shall be reviewed by the person in charge of the department 6 8, 6 8 shall be signed by the leader 6 8. The undertaker is then to read out the decision on release on guarantee pending further investigation to the criminal suspect, defendant and guarantor, 6 8, 6 8, inform them of the provisions they should abide by and the obligations they should bear, 6 8, 6 8, 6 8, 6 8, and require them to issue a letter of guarantee and sign or affix a seal6 8.

I am a lawyer, and as far as you said, I can be released on bail pending trial.

Crushing someone to death with a forklift will lead to jail time. Driving a person and causing death constitutes a traffic accident in accordance with the relevant laws and regulations, and is punishable by up to three years imprisonment or criminal detention in accordance with the law. Drivers who drive under the influence of alcohol, escape, and drive without a license will also be convicted and punished as traffic accidents.

Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

What to do if the person was hit and the driver escaped.

1. Remember the relevant information of the vehicle;

2. Quickly report to the traffic police on duty or the traffic management department of the public security organ;

3. After receiving the traffic accident alarm, the traffic management department of the public security organ shall immediately send the traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible.

[Legal basis].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.

Article 133-1.

Dangerous Driving] Anyone who drives a motor vehicle on the road in any of the following circumstances shall 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.

Legal analysis: the employees hired by the company, after the accident, the company is first responsible for the responsibility, and the company can take insurance after the company assumes responsibility, and if the company has losses and I am at fault, the company can recover from you. The company is the employer, and the company shall bear the tort liability compensation for the family of the deceased, and I shall bear secondary liability or no responsibility, and if the forklift is at fault and causes the accident, it is necessary to bear joint and several liability with the company, and the company can pretend to recover from me.

Legal basis: Article 1191 of the Civil Code of the People's Republic of China Where the staff of an employer causes damage to others due to the performance of their work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.

During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.

1. Who will compensate for driving a forklift in the factory to crush an individual.

1. Who compensates for crushing individuals to death by driving a forklift in the factory, depending on the situation:

1) Employees hired by the company, after the accident, the company first bears the responsibility, the company can take insurance after taking responsibility, if the company has losses and I am at fault, the company can recover from the parties;

2) The company is the employer, and the company shall bear the tort liability compensation to the family of the deceased, and the company shall bear secondary liability or no liability.

2. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

2. What is the procedure for determining work-related injuries?

1. Application. If the employer does not submit an application, the worker shall submit an application for work-related injury recognition within one year, and the corresponding materials shall be prepared for the application for work-related injury determination;

2. Investigation. After accepting the application, the labor and social security department shall investigate and verify the accident injury;

3. Identification. Generally, the determination will be made within 60 days.

Whoever compensates for driving a forklift in the factory to crush an individual, depending on the situation:

1. Employees hired by the company, after the accident, the company first assumes responsibility, and the company can take insurance after taking responsibility, if the company has losses and I am at fault, the company can recover from the parties;

2. The company is the employer, and the company shall bear the tort liability compensation to the family of the deceased, and I shall bear secondary liability or no liability.

What is the procedure for determining a work-related injury?

1. Application. If the employer does not submit an application, the worker shall submit an application for work-related injury recognition within one year, and the corresponding materials shall be prepared for the application for work-related injury determination;

2. Investigation. After accepting the application, the labor and social security department shall investigate and verify the accident injury;

3. Identification. Generally, the determination will be made within 60 days.

[Legal basis].Article 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) On the way to and from work, being injured in a traffic accident for which they are not primarily responsible, or by an accident involving urban rail transit, passenger ferry, or train;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

If an unlicensed forklift is lent to an unlicensed person to drive, is there any compensation for death?

You stool Lu change a good pro unlicensed forklift to lend to an unlicensed person to drive, and there is no compensation for death. If it is a legal forklift, and the holder has the responsibility to provide a safe driving environment and has the responsibility to check whether the vehicle is safe, the principle of liability compensation can be applied, that is, compensation should be made. If a driver who does not have a valid driver's license dies as a result of the accident, the holder may also be liable for civil liability and may face a claim for compensation.

I hope the above content will be helpful to you and wish you a happy life!!

Legal analysis: Depending on the situation, if the unit violates the regulations, lowers the project quality standards, and causes a major safety accident, the person directly responsible will be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine; where the consequences are especially serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; If the crime is committed intentionally, and the crime of intentional homicide is constituted, the sentence is death, life imprisonment, or fixed-term imprisonment of not less than 10 years, and where the circumstances are more minor, the sentence is between 3 and 10 years imprisonment; If it is caused by an individual's negligent conduct, it constitutes the crime of causing death by negligence, and is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given.

Legal basis: Criminal Law of the People's Republic of China

Article 137 Where a construction unit, design unit, construction unit or project supervision unit violates State regulations by lowering the quality standards of a project, causing a major safety accident, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined; Where the consequences are especially severe, the sentence is between 5 and 10 years imprisonment and a concurrent fine.

Article 232:Whoever intentionally kills a person such as a code shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

Article 233:Whoever causes death by negligence is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.