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This is at least 5 years!
The crime of causing a traffic accident refers to the act of violating traffic and transportation management regulations and causing a major liability accident, resulting in serious injury or death or major losses to public or private property. The subject of this crime can be a transportation personnel or a non-transportation personnel. "Traffic hit-and-run" refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution.
Article 133 of the Criminal Law of the People's Republic of China stipulates: "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 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. This article has made it clear that the penalty for traffic hit-and-run should be increased by one notch in the original sentencing range.
When handling such cases, adjudicators should grasp the following aspects: 1. Strictly follow the relevant provisions of the "Criminal Law" and the "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" to grasp the constitutive circumstances of such crimes, and where a traffic accident causes serious injury to one or more persons, bears full or primary responsibility for the accident, and has circumstances to escape from the scene of the accident in order to avoid legal prosecution, it constitutes the crime of causing a traffic accident. 2. It is necessary to determine whether the victim's death was an inevitable consequence of the escape, or whether the victim's death was caused by the escape and the victim's inability to receive timely assistance.
In practice, death due to escape requires relevant evidence to be corroborated, and such evidence is not easy to obtain, the procedures are cumbersome, and it takes a lot of time and energy to conduct judicial appraisals, so the investigating authorities often ignore the collection of such evidence in order to save trouble. In the course of trial, adjudicators should attach importance to this situation, and make the procuratorial and investigation organs pay attention to this situation. Where the victim did not die at the scene at the time of the traffic accident and the perpetrator escaped, a determination should be made as to whether the victim's death was caused by the act of escaping.
In the case of the former, the sentence shall be within the range of three to seven years imprisonment, and in the case of the latter, the sentence shall be more than seven years imprisonment, but there must be corresponding appraisal conclusions and other evidence to corroborate, and the evidence must be strictly checked. 3. Where, after a traffic hit-and-run, the victim is taken away from the scene of the accident and then hidden or abandoned, resulting in the victim being unable to receive assistance and dying or seriously disabled, at this time the object of the defendant's violation is no longer limited to the normal order of transportation and transportation safety, and is a crime of negligence, but subjectively has the intention to deprive others of their lives or injure others' bodies, and shall be in accordance with the provisions of articles 232 or 234 of the Criminal Law. They are punished for intentional homicide or intentional injury.
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The consequences of hitting and running away from other people's cars are as follows
1. The escapee bears all the responsibility for the traffic accident, and if there is evidence to prove that the other parties are at fault, the responsibility of the person who caused the accident and fledgled can be reduced;
2. If the hit-and-run does not constitute a crime, a fine of 200-2,000 yuan shall be given, and administrative detention of up to 15 days may be given;
3. If a crime is constituted, criminal punishment may be given as the crime of causing a traffic accident.
What are the consequences of a car accident and escape.
1. 12 points will be deducted from the driver's license;
2. Revoke the driver's license and ban driving for life;
detention below a few days;
4. A fine of 200 to 2,000 yuan or less;
5. Civil liability for traffic hit-and-run.
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.
Article 72.
After receiving the traffic accident report, the traffic management department of the public security organ shall immediately send traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible.
Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification.
For the physical and mental conditions of the parties and other professional examinations, the traffic management department of the public security organs shall entrust a special agency to conduct an appraisal. The evaluation conclusion shall be signed by the evaluator.
Article 73.
The traffic management department of the public security organ shall, on the basis of the traffic accident scene inquest, inspection, investigation and relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
Article 74.
In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.
After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.
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Summary. Hello, here is a lawyer to consult.
Hello, here is a lawyer to consult.
Article 49 of the Tort Liability Law provides that if the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the motor vehicle is liable after a traffic accident, the insurance company shall compensate within the limits of the compulsory insurance liability of the motor vehicle. For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.
I hope my reply can help you and be useful to you, and I wish you a smooth follow-up process.
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Hitting someone else's car and running away is a traffic hit-and-run. In such circumstances, if a crime is not constituted, the public security organ shall impose a fine of 200 to 2,000 yuan, and may be detained for up to 15 days. In the event of a major traffic accident that constitutes a crime and escapes, the public security organ shall revoke the motor vehicle driver's license in addition to pursuing criminal responsibility in accordance with the law, and shall not re-obtain the motor vehicle driver's license for the rest of his life.
According to Article 99 of the "Road Traffic Safety Law," a person who causes a traffic accident and escapes but does not constitute a crime shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ, and may be detained for up to 15 days. Article 133 of the Criminal Law stipulates that a person who escapes after causing 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. Paragraph 3 of Article 99 of the Traffic Safety Law of the People's Republic of China shall impose a fine of not less than 200 yuan but not more than 2,000 yuan and may be detained for up to 15 days if the traffic management department of the public security organ escapes after causing a traffic accident and does not constitute a crime.
Article 133 of the Criminal Law 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 up to three years imprisonment 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.
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It can be alarmed. This kind of behavior belongs to hit-and-run, after the police are called, the traffic police will be pursued, and after the fugitive person is caught, the fugitive person will be held accountable according to law, as the owner of the car if there is no fault, then there is no need to worry.
1. was rear-ended because he was in a hurry and left beforehand.
Unless the traffic police have been informed and the traffic police agree to go, or the perpetrator has reached a written agreement with the rear car, that is, when the rear car tells the hit-and-run, the perpetrator must be able to produce a written agreement with the rear car to show that the perpetrator is not fleeing. Otherwise, as long as the owner of the car sues, the perpetrator will be considered to have escaped.
Being rear-ended, if there is no loss of the car in front and there is an urgent matter, it is reasonable and does not belong to a hit-and-run.
2. What is the process of handling traffic accident escape?
After an accident occurs, it must be investigated by the traffic police department to determine whether it is a hit-and-run. After it is determined that it is a hit-and-run, if there is no serious injury or death in the accident, the fleeing driver shall bear the main responsibility for the accident, but it does not constitute the crime of traffic accident. The penalty for the perpetrator is a fine of not less than 200 yuan but not more than 2,000 yuan, and a detention of not more than 15 days, and at the same time 12 points will be deducted from his motor vehicle driver's license.
If a traffic hit-and-run causes death, the driver's license will be revoked for life, and the driver will also be sentenced to fixed-term imprisonment of not more than three years or short-term detention if he violates traffic and transportation management regulations in accordance with Article 133 of the Criminal Law, resulting in a major accident, causing serious injury or death to a person, or causing major losses to public or private property; Where the traffic and transportation department escapes after investigation 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 so-called "hit-and-run after a traffic accident."
3. How long does it take for a hit-and-run driver to be found?
How long does it take for a hit-and-run to find the driver, but the time it takes to find the driver is not fixed. The facts of the case are different, the investigation situation is different, and in the event of a traffic accident hit-and-run, the traffic police organ is the competent unit for the investigation of the traffic hit-and-run.
The victim or the victim's family can report the accident to the traffic police brigade at the place where the accident occurred, or the victim's family can also call 122 Traffic Accident Police**. The traffic police department shall formulate a traffic hit-and-run case investigation plan. Or the victim's family can also find clues about the accident through the cameras installed in the surrounding shops and shopping malls.
Article 43 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall, according to the jurisdiction area and road conditions, formulate a traffic hit-and-run case investigation plan, and organize special forces to handle traffic hit-and-run cases. After the occurrence of a traffic hit-and-run case, the traffic management department of the public security organ shall immediately start the investigation plan, arrange police forces to intercept it, and investigate it through the national motor vehicle investigation and control system.
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Legal analysis: can be reported to the police. This kind of behavior belongs to hit-and-run, after the police call the traffic police will be pursued, and after catching the escapee, the escapee will be held accountable according to law, as the owner of the car if there is no fault, then the wide key does not need to worry.
Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 43 The traffic management department of the public security organ shall, according to the jurisdiction area and road conditions, formulate a traffic hit-and-run case investigation plan, and organize special forces to handle traffic hit-and-run cases. After the occurrence of a traffic hit-and-run case, the public security organs shall immediately initiate the investigation plan, arrange police forces to intercept it, and investigate it through the national motor vehicle investigation and control system.
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