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Depending on the situation, there are six situations such as drunk driving, drug driving, and unlicensed driving in the explanation, and those who have no money to compensate are generally not suspended.
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.
In order to punish criminal activities involving traffic accidents in accordance with law, on the basis of the relevant provisions of the Criminal Law, several issues concerning the specific application of law in the trial of criminal cases involving traffic accidents are hereby explained as follows:
Article 1: Where a major traffic accident occurs in violation of traffic and transportation regulations by a person engaged in transportation or a non-transportation worker, on the basis of clarifying responsibility for the accident, where a crime is constituted, it is to be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law.
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) Persons who have died one or more or are seriously injured and bear full or primary responsibility for the accident;
2) Death of three or more people, bearing equal responsibility for the accident;
3) Causing direct damage to public property or other property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 300,000 yuan or more.
Where a traffic accident causes one or more serious injuries, 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.
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It may constitute a traffic accident crime, and certain conditions must be met. Basis: Article 2 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" Article 2 Where a traffic accident falls under any of the following circumstances, a sentence of up to three years imprisonment or short-term detention is to be given:
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 for an amount of 300,000 yuan or more. In any of the following circumstances, 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 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 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.
I was solely responsible for the accident. 1 person was seriously injured, I have no money to accompany me, will I go to jail.
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The person involved in the car accident is fully responsible, has no money to pay, and does not need to go to jail. The details are as follows:
1. The insurance company shall compensate for the full responsibility of the traffic accident within the scope of the compulsory insurance liability limit of the third party liability of the motor vehicle, and the insufficient part shall be borne by itself;
2. Full responsibility for traffic accidents is a civil lawsuit, and you will generally not go to jail if you don't have money to pay compensation. If the other party applies for compulsory enforcement and still fails to perform its obligations within the limited time limit, the court will freeze and allocate your property to compensate the other party, and if it is found that the party has other property, it can request the people's court to enforce at any time;
3. If the court rules that a party has the ability to perform its obligations, but refuses to do so, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.
Legal basis]:
Article 248 of the Civil Procedure Law of the People's Republic of China.
If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, he shall report the current and the property situation in the year prior to the date of receipt of the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.
Article 249 Pizhou.
If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, shares, and shares. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.
When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.
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This is a civil dispute and generally does not go to jail. If the perpetrator is unable to pay the victim's compensation, the victim can ask the court to seize and auction the vehicle (which is owned by the perpetrator). However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.
If the fully responsible party does not lose more than 300,000 yuan and has specific circumstances, it may be imprisoned for suspected traffic accidents. Where direct damage to public property or other people's property is caused, and the person bears full or primary responsibility for the accident, and is unable to compensate for the amount of 300,000 yuan or more, and there are serious circumstances, it is to be convicted and punished as the crime of causing a traffic accident.
Legal basis]:
Article 2 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.
In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:
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. 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.
Civil Procedure Law of the People's Republic of China
Article 244:Where the court lawfully employs enforcement measures, and the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the portion of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.
Article 246: Sealed assets are safekept.
For the property that has been seized, the executor may designate the person subject to enforcement to be responsible for safekeeping. Losses caused by the fault of the person subject to enforcement shall be borne by the person subject to enforcement.
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The perpetrator is fully responsible for seriously injuring one person and will not necessarily go to jail. Responsibility for the accident should also be determined according to the specific circumstances of the accident. If a traffic accident results in the death of a person, the person who bears the accident is wholly or primarily responsible; If a traffic accident results in the death of more than three people, the same responsibility for the accident shall be borne; If it causes property damage to the state or individuals, it shall bear the full responsibility for the accident or the main responsibility of the grinding shed, and shall also bear the liability for compensation.
Article 133 of the Criminal Law Whoever violates the laws and regulations on the administration of traffic and transportation, thereby causing a major accident resulting in 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.
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Legal analysis: Not necessarily, the person killed by normal driving needs to be compensated, but there is no need to go to jail. 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.
The conditions for sentencing a person who killed a person by driving are that one or more people have died and the driver has violated traffic and transportation regulations, on the contrary, if the driver of a motor vehicle hits and kills a person under normal driving conditions, he will not be sentenced.
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 fixed-term imprisonment of not less 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. 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.
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Legal analysis: Whether a car accident causes serious injury to a person to go to jail depends on whether it constitutes a traffic accident. According to Article 2 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", a person who causes serious injury to one or more persons in a traffic accident and bears all or the main responsibility for the accident and has any of the following circumstances shall be convicted and punished as the crime of traffic accident:
1) Driving a motor vehicle after being drunk or taking drugs; (2) Driving a motor vehicle without driving qualifications.
Legal basis: "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: 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, pure socks shall 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.
Compulsory insurance can help you share some of the burden: should you be responsible for the transportation? This is all based on the law, please come up with evidence, no matter what the ** they have no chance of winning, otherwise they don't want to get a penny, yes, that's their own willingness to be hospitalized! >>>More
Article 75 of the Road Traffic Safety Law of the People's Republic of China stipulates that: "Medical institutions shall promptly rescue injured persons in traffic accidents, and shall not delay treatment due to failure to pay rescue expenses in a timely manner." If the vehicle involved in the accident participates in the compulsory third-party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the liability limit; If the rescue expenses exceed the liability limit, and those who do not participate in the compulsory third-party liability insurance of motor vehicles or escape after the accident, the road traffic accident social assistance ** shall pay part or all of the rescue expenses in advance, and the road traffic accident social assistance ** management agency has the right to recover from the person responsible for the traffic accident. >>>More
Then there is no need for it, and there is no need to call the police if the two parties reach a consensus in private.
It mainly depends on the responsibility for the accident, if you are fully responsible, it depends on whether the driver is a volunteer helper or hired, if a volunteer helper, you are mainly responsible, if hired, the driver is mainly responsible.
It depends on what your aunt does, how long she stays in the hospital. >>>More