How much criminal responsibility should be borne for the full responsibility of the traffic accident

In any of the following legally-prescribed circumstances, the starting sentence and base sentence shall be determined for up to three years imprisonment in accordance with law:

1) Where one person is killed or three people are seriously injured, and the person bears full or primary responsibility for the accident, the starting sentence is 1 to 2 years imprisonment.

2) Where four people are seriously injured and bear full or primary responsibility for the accident, the starting sentence is between one year and six months to two years and six months imprisonment.

3) Where three people are deceased and bear full or primary responsibility for the accident, the starting sentence is between one and two years imprisonment. For each additional number of deaths, the base sentence may be increased by three months to six months.

4) Where direct damage to public property or other people's property is caused, primary or all responsibility for the accident is born, and the amount of compensation is 300,000 RMB (each region may determine the starting point for that region within the range of 300,000 to 600,000 RMB), the starting sentence is 6 months to 1 year imprisonment. Where the amount of incapacity for compensation increases, the sentence may be appropriately increased to determine the base sentence.

5) Where one person is seriously injured, bears full or primary responsibility for the accident, and has any of the circumstances provided for in items (1) through (6) of paragraph 2 of article 2 of the "Interpretation", the starting sentence is 6 months to 1 year imprisonment. The sentence may be increased by three months for each additional circumstance provided for in subparagraphs (1) to (5) of paragraph 2 of Article 2 of the Interpretation; For each additional number of seriously injured persons, the base sentence may be increased by six months.

It depends on the circumstances, and it is recommended to interview a lawyer and seek the forgiveness of the victim's family before it is possible to obtain a lighter criminal responsibility.

Where serious injury or death is caused, or major losses are caused to public or private property, the starting sentence may be determined within the range of 6 months to 2 years imprisonment; Where the victim's economic losses are actively compensated, the base sentence may be reduced by up to 30% based on comprehensive consideration of circumstances such as the nature of the crime, the amount of compensation, and the ability to compensate.

The basic sentence is fixed-term imprisonment of not more than three years or criminal detention, but in specific circumstances, it is also possible to give a suspended sentence if a criminal settlement is reached with the victim's family, a letter of understanding is obtained, and there are mitigating circumstances such as voluntary surrender and a good attitude towards admitting guilt. But escape is much more aggravated.

There are two kinds, one is negligence and the other is intentional, depending on which case, two situations, and two kinds of sentencing.

Life or death, if you turn yourself in, you ......Traffic laws are now stricter.

He is to be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention.

Hello, according to your description, the driver has committed the crime of causing a traffic accident, and if he is not released on bail pending trial, he will be detained and then arrested until trial. Is the car covered by compulsory insurance? If so, the insurance company will pay a part.

As for what you said about the lack of ability to compensate, whether you say it depends on how the court determines it.

Legal Analysis: In the event of a traffic accident resulting in death, the party responsible for the death needs to be held criminally liable. This is already suspected of the crime of causing a traffic accident, and may be sentenced to up to three years in prison or criminal detention; and where there are other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given.

Legal basis: Article 100 of the Criminal Law of the People's Republic of China contains Article 33 Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death to a person or causes 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, 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.

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.

Full responsibility for the death of a person caused by a traffic accidentIf there is a violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to the private property of the accompanying husband, it is necessary to bear criminal responsibility. Criminal responsibility refers to the legal responsibility that the offender should bear for committing a criminal act, and his legal responsibility is pursued in accordance with the provisions of the criminal law, including the main punishment and the supplementary punishment.

[Legal basis].Article 133 of the Criminal Law.

Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to 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, he is to 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.

Full responsibility for the death of a person in a traffic accident is subject to criminal liability, the details are as follows:

1. The death of one or more persons who are fully responsible for criminal responsibility constitutes the crime of causing a traffic accident and shall bear criminal responsibility;

2. Where a person with limited capacity for conduct or a person who does not meet the capacity for criminal responsibility at all, causing the death of one or more persons, it constitutes the crime of causing a traffic accident, but does not bear criminal responsibility, but the guardian shall bear civil liability for compensation.

A person who is criminally responsible for the death of a person caused by a traffic accident, and who causes a traffic accident in one of the following circumstances, shall be sentenced to a term of imprisonment of not more than three years or short-term detention: where one person dies or three or more persons are seriously injured, and bears full or primary responsibility for the accident. Where three or more people die, they bear equal responsibility for the accident.

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. In the event of a traffic accident in the case of death, if the person concerned violates the traffic and transportation management regulations, it will constitute the crime of causing a traffic accident and need to bear criminal responsibility, and may be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

[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 examined 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.