My situation is not a general traffic accident escape

Updated on society 2024-06-26
7 answers
  1. Anonymous users2024-02-12

    The characterization of a traffic hit-and-run includes two aspects, one of which is a traffic hit-and-run

    1.There is subjective intent, that is, knowing that an accident has occurred, but failing to stop to protect the scene, failing to rescue the injured, failing to report the case to the public security organs in a timely manner, driving or abandoning the car and fleeing.

    2.The purpose of fleeing is to evade legal prosecution or civil compensation. (The situation of a special vehicle leaving the scene of an accident while performing an emergency or special mission is completely different from this, and its purpose is to complete the urgent and special task being carried out, and to ensure and guarantee that its mission objectives are not subject to more serious and unpredictable consequences.)

    From the above two points, the fact of your traffic hit-and-run is established, that is, you should bear all the consequences of the escape. Traffic accidents and traffic accidents are two different concepts. Although you escaped and the circumstances were aggravated, the consequences were not very serious (minor injuries to persons and damage to vehicles) and did not constitute a crime.

    Needless to say, you have to bear all the civil compensation, which has not constituted a crime, that is, you have not violated the Criminal Law, but according to Article 99, paragraphs 1 and 2 of the Traffic Security Law. He may be sentenced to administrative detention of up to 2,000 yuan for 15 days. It's also tragic that you won't be able to drive anymore--- you will have your motor vehicle driver's license revoked, and you will not be able to get a motor vehicle driver's license for the rest of your life.

    It is recommended that civil compensation be resolved quickly through mediation or privately, and the punishment in the later stage will be mitigated accordingly. If it is settled in court, the penalty will be heavier. Strive to quickly dispose of the civil compensation part before the administrative penalty.

  2. Anonymous users2024-02-11

    Harmonious society, people-oriented!!

  3. Anonymous users2024-02-10

    I didn't understand what you meant at all.

    I have a few questions, you reply to me, I'll give you the answer ok1, you escaped after you collided with the motorcycle?

    2. If it is better to escape or privately, your situation is more dangerous if the traffic police deal with it, even if you have surrendered, you may be sentenced to 3-6 months in prison.

    3. Motorcycle compensation issues, whether they reported to the insurance company at that time, if not, it is recommended that you discuss with the injured person and repair him, if it really doesn't work, you will buy one for him, as a lesson, and then compensate for the corresponding lost work expenses, meals, transportation expenses, medical expenses, these can be, you can ask the traffic police for the calculation standard, or check online, there is not much money. Because there was no personal injury to him, no judicial appraisal was conducted, and there were no other expenses

  4. Anonymous users2024-02-09

    If you have a small accident, you don't know if you are an escape. Traffic hit-and-run refers to the behavior of the perpetrator who causes a traffic accident and subjectively drives the vehicle or abandons the vehicle to escape from the scene of the accident in order to escape legal responsibility or rescue obligation. Therefore, a minor accident is generally not considered an escape.

    [Legal basis].

    Article 101 of the Road Safety Law of the People's Republic of China.

    In violation of the provisions of road traffic safety laws and regulations, a major traffic accident occurs, constituting a crime, criminal responsibility shall be investigated in accordance with law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license.

    If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.

    Paragraph 1 of Article 112 of the Provisions on Procedures for Handling Road Traffic Accidents.

    The following terms used in these Terms and Conditions shall have the following meanings:

    1) "Traffic hit-and-run" refers to the act of driving or abandoning a vehicle to flee the scene of a road traffic accident or absconding and hiding after a road traffic accident occurs.

  5. Anonymous users2024-02-08

    Calling the police after a traffic accident is also considered an escape. Traffic hit-and-run refers to the act of driving or abandoning a vehicle to flee the scene of a road traffic accident and absconding and hiding in order to escape legal responsibility after a road traffic accident.

    Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" refers to the conduct of the perpetrator 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, and after a traffic accident occurs, the actor flees in order to avoid legal prosecution. Article 112 of the Provisions on Procedures for Handling Road Traffic Accidents The following terms in these Provisions have the following meanings: (1) "Traffic hit-and-run" refers to the act of driving or abandoning a vehicle to flee the scene of a road traffic accident and absconding and hiding after a road traffic accident occurs.

  6. Anonymous users2024-02-07

    If the person does not know that a traffic accident has occurred, it is generally not considered an escape. If the person concerned knows about it and flees the scene of the accident in order to avoid legal prosecution, it is considered to have escaped. For the perpetrator of a hit-and-run, if the crime of hit-and-run constitutes a traffic hit-and-run, 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.

    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 more than three years, state leniency 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 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" Model shouts 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, 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; (5) Driving seriously overloaded; (6) Fleeing the scene of an accident in order to evade legal prosecution.

  7. Anonymous users2024-02-06

    Not knowing that a traffic accident is not an escape. Traffic hit-and-run is an illegal act in which a person who knows that he has had a traffic accident and deliberately flees the scene of the accident and does not report the case to the public security organ in order to evade responsibility for the accident. The premise of a traffic hit-and-run is "to escape legal prosecution", and secondly, there is no time and place limit for a traffic hit-and-run, and it should not only be a reasonable confession as "fleeing the scene of the accident", but also as "fleeing after a traffic accident" if the injured person does not flee (or fails to escape) the scene of the accident after the accident, but escapes after sending the injured person to the hospital or waiting for the traffic management department to deal with it.

    Traffic accident escape situations include:

    1. After the perpetrator reported the case, he did not wait for the investigation and handling of the traffic police department in accordance with the regulations, and fled the scene by car;

    2. The perpetrator drove or abandoned the car to escape legal prosecution;

    3. The perpetrator caused a traffic accident and caused death or serious injury in the process of escaping.

    [Legal basis].Article 61 of the Provisions on Procedures for Handling Road Traffic Accidents.

    In any of the following circumstances, the parties shall bear full responsibility:

    1) Fleeing with baggage after a road traffic accident;

    2) Intentionally destroying or fabricating a scene or destroying evidence.

    Where parties abandon their vehicles and flee or abscond and hide in order to evade pursuit of legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is evidence at the same time showing that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.

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