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Basically, you will go to jail, but they are all under three years, and if you have a good attitude towards compensation, you may be sentenced less in time.
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If the driver causes the death of the other party due to wrong-way driving, he is criminally liable according to the provisions of the Road Traffic Safety Law. If the other party is unwilling to issue a letter of understanding, then there is no possibility of mediation. There are thousands of roads, and safety is the first.
Wrong-way driving is a clear violation, and the fault lies with the driver. Therefore, it is not illegal for the other party to be unwilling to issue a letter of understanding and let the other party bear criminal responsibility. Because this is not an ordinary traffic accident, but a traffic accident.
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Hello, the driver is a violation of the law, resulting in the death of the victim, this is a major traffic accident, if the victim does not issue a letter of understanding, then the result of the court is very likely to be a prison sentence. This is also a self-inflicted failure to obey traffic rules.
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If a traffic accident causes one death and one injury, the person who is fully responsible for the crime of causing a traffic accident will be sentenced to 1-2 years in prison.
If the victim is compensated for the victim's losses and the victim's forgiveness is obtained, a suspended sentence can be imposed without imprisonment.
If the victim is not compensated for the damage and cannot obtain the victim's forgiveness, he must go to prison.
If the hit-and-run is death, the sentence is not more than 7 years but not more than 15 years.
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Absolutely. If the fault party is the driver who causes the death of the other party, the driver needs to bear criminal responsibility, and the other party's failure to issue a letter of understanding is also a matter of the length of imprisonment.
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If the driver is fully responsible for causing the death, and the other party does not forgive, the perpetrator must go to jail.
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If the family refuses to forgive, they will definitely go to jail.
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1. Will you go to jail if you don't give a letter of forgiveness if you hit and kill someone by driving?
1. Whether a person who is killed by a car and does not give a letter of understanding will go to jail depends on whether he bears full responsibility. Specifically:
1) Whoever kills a person by driving a car and does not give a letter of forgiveness and bears full responsibility for the accident shall be guilty of causing a traffic accident and shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention;
2) If the person who was killed by a car does not give a letter of understanding, and the deceased is fully responsible, then there is no need to go to jail.
2. 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.
2. What are the constitutive elements of the crime of causing a traffic accident?
1. The object of the crime of causing a traffic accident. Refers to the major transportation safety that is protected. Because only if a traffic accident is caused and has major consequences, the crime of traffic accident is constituted.
If it is only a traffic accident without causing major consequences, it does not constitute the crime of causing a traffic accident, and it is also not a social relationship to be protected, and cannot constitute the object of the crime of causing a traffic accident;
2. The objective aspect of the crime of causing a traffic accident is manifested in the perpetrator's violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property;
3. The subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility. In practice, it is mainly people who are engaged in transportation. Whether the crime of traffic accident is established in a case where a person under the age of 16 and over the age of 14 causes an accident by driving a motor vehicle and causing a major accident;
4. The subjective aspect of the crime of traffic accident is negligence. It is both negligent and overconfident. The negligence emphasized in the crime of traffic accident refers to the actor's mental attitude towards the serious consequences of the accident, and as for the duty of care for violating the traffic and transportation management regulations, it may be either knowingly committed or negligent, which does not affect the establishment of the crime of traffic accident.
If the perpetrator subjectively has an intentional mental attitude towards the serious consequences caused by his act, then the act should be punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of causing a traffic accident.
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Legal Analysis: If you are wholly or primarily responsible for the death caused by a traffic accident, you will be responsible for the crime of causing a traffic accident. If a crime is constituted, criminal responsibility is also required if there is a letter of understanding from the victim's family in a timely manner, but a letter of understanding may be given a lenient punishment.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 288:In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies, and the victim voluntarily settles, both parties may settle:
1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;
2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.
Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.
Article 290:In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and a criminal punishment is required for non-prosecution, a decision not to prosecute may be made. The people's court may give a lenient punishment to the defendant in accordance with law.
Article 133 Whoever violates the laws and regulations on the management of transportation and thus causes a major accident, causing serious injury, death or death or 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.
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1. A suspended sentence is unlikely, but it can still be sought. If the crime of causing a traffic accident is constituted, the sentence shall be fixed-term imprisonment of not more than three years or special criminal detention, and if it is necessary to actively compensate the victim for economic losses, even if he has not been forgiven, a suspended sentence may be sought.
2. Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished, and temporarily not to enforce the sentence given. A system in which a specific investigation body conducts an examination of the convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law on the basis of the offender's performance during the probationary period.
3. Suspended sentences apply to fixed-term imprisonment of less than 3 years (in the case of a fixed-term imprisonment that is decided to be enforced when the punishment for several crimes is combined, if a suspended sentence is imposed for one of the crimes, the principle of absorption should be attached so that the suspended sentence is no longer enforced), short-term detention, medium- and long-term fixed-term imprisonment, life imprisonment, the death penalty, recidivism, and ringleaders of criminal groups, and suspended sentences are not applicable. Another: A two-year reprieve: The death penalty is often called"Reprieve", is to be imprisoned, pay attention to the distinction.
4. Criminals are not recidivists. Recidivists who persist in repeated offenses and have a deep subjective malice are at risk of recidivism, and it is difficult to prevent them from committing new crimes by applying a suspended sentence. Therefore, even if a repeat offender is sentenced to criminal detention or imprisonment for less than three years, a suspended sentence cannot be applied.
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