The car touched a person, and I didn t know that I was gone, and someone reported the crime, is it c

The car touched a person, and I didn't know that I was gone, first of all, in this case, you have to show proof to the traffic police responsibility determination to prove that you really didn't know at the time, if there is evidence that you really didn't know that there was a car accident at the time, so you can not be considered to escape, but the corresponding responsibility should still be borne, regardless of whether it is considered an escape? As long as someone reports the case, or someone does not report the responsibility for the accident, if you need to pay a certain amount of liability compensation after it comes out, and the person reports the case, it is relatively simple, and it is determined by the traffic police, what does the specific accident liability look like? But about the problem of escaping from prison, if you really don't know when you hit someone, you can show the traffic police your speed at the time, did not slow down and your, if there is a ** video record, prove that you really didn't notice, if the dash cam.

If you can't prove it, and the traffic police determine that you are an escape, then you can only try to admit that you are unlucky and escape, so it is time to pay attention to traffic safety when driving in the future. So that this does not happen.

Because it is not a subjective act, it does not count in theory; The specific depends on the appraisal of the relevant departments.

Legal analysis: Escape refers to the act of fleeing in order to avoid legal prosecution after a traffic accident, and if you encounter someone else's vehicle and drive away from the accident without knowing it, it should not be determined by the Party to constitute a hit-and-run.

Article 2 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: 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: (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. Where a traffic accident causes serious injury to one or more persons, and bears all 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) Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism is out of order; (4) Knowingly driving a motor vehicle without a license or has been scrapped; (5) Driving seriously overloaded; (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 who has 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 flees after the traffic accident occurred in Zhengliangshan, in order to avoid legal prosecution.

If there is evidence that you do not know, it is not an escape; If you can't prove that you didn't know, you will be deemed to have escaped.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents

Article 6 11 In any of the following circumstances, the parties shall bear full responsibility: (1) Fleeing after a traffic accident on the source of the road; (2) Intentionally destroying or fabricating scenes 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.

Criminal Law of the People's Republic of China

Article 133 Whoever violates the regulations on the administration of traffic and transportation, 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.

1. If you encounter someone else's car, you don't know if you are running away.

1. If you drive into someone else's car without knowing it, leaving the scene is not considered a hit-and-run. Traffic hit-and-run is an illegal act in which the party clearly knows that he has had a traffic accident and deliberately flees the scene of the accident in order to evade responsibility for the accident after the traffic accident occurs, and does not report the case to the public security organ. Therefore, if it can be proved that there is no knowledge, it does not count as an escape.

2. Legal basis: Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China.

If a party escapes after a traffic accident, the party who escaped bears full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.

The parties shall bear full responsibility for the failure to deliberately destroy, falsify the scene, or destroy evidence.

Second, what should I do if the owner of someone else's car is not there?

1. Evidence: Take a photo of the wound in front of the car and the back of the car for future evidence;

2. Illegal parking: See if the other party's vehicle is illegally parked;

3. Monitoring: If there is surveillance, you can't escape if you are photographed;

4. **Number: If you are not in a hurry to deal with other matters, write the **number to a note and put it in the wiper of the other party's vehicle.

Legal Mo Zheng analysis: If the party knows about scratching and leaving, it is considered to be an escape, and if it does not know that it is left after scratching, it is not considered an escape.

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 more than three years or short-term detention in Tanqing; 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.

Road Traffic Safety Law of the People's Republic of China Article 92 Where a party escapes after a traffic accident, the party who escapes shall bear full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.

Article 99 Anyone who commits any of the following acts 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: (3) Fleeing after causing a traffic accident, which does not constitute a crime; Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.

Legal Analysis: According to the relevant laws and regulations of our country, it is not an escape if you encounter someone else's car and don't know how to go. An escape is only achieved if the driver of the motor vehicle drives the motor vehicle or abandons the vehicle and flees the scene of the accident knowing that a traffic accident has occurred.

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) Escaping after an accident involving a road traffic accident; (2) Intentionally destroying or fabricating scenes or destroying evidence. Where a party abandons a vehicle and escapes, or absconds and hides, in order to evade legal responsibility, if there is evidence proving that the other parties are also at fault, responsibility may be appropriately reduced, but at the same time there is evidence showing that the fleeing party has the circumstances in item (2) of the first paragraph, and it is not to be mitigated.

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 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, 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.

"Traffic hit-and-run" refers to the behavior of the parties involved in the road traffic accident to escape the scene of the road traffic accident by driving the Liangzu Xiang vehicle or abandoned vehicle in order to escape legal prosecution after a road traffic accident. To determine whether the perpetrator constitutes a "hit-and-run", the following aspects should be analyzed:

1. To examine whether the perpetrator clearly knew that he had caused a traffic accident, it is necessary not only to look at the confession of the perpetrator, but also to objectively evaluate whether he knew it from the time, place, road conditions, knowledge and experience possessed by the perpetrator at the time of the accident, so as to determine whether it constitutes an escape. Clause.

II. Examine whether the perpetrator has the subjective purpose of evading legal prosecution, including evading criminal legal prosecution, as well as evading civil legal prosecution and administrative legal prosecution. Clause.

3. Examine whether the perpetrator objectively carried out the act of fleeing the scene. Only the escape behavior that occurs after the occurrence of a traffic accident and before the perpetrator accepts the first handling by the accident handling authority can establish "escape" as used in these Provisions. Article 133 of the Criminal Law stipulates that a person who 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 feelings, 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.