5 deaths, 1 serious injury, 2 minor injuries, traffic accidents, what are the responsibilities of th

5. Death, a major traffic accident, can constitute a traffic accident. There is criminal responsibility.

According to the provisions of article 133 of the Criminal Code, three different punishment levels (sentencing scales) are prescribed for the crime of causing traffic accidents:

1. 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 criminal detention.

The so-called "occurrence of a major accident" here, according to Article 2, Paragraph 1 of the Interpretation, refers to one of the following circumstances:

1) One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident;

2) If there are three or more deaths, the same responsibility for the accident shall be borne by the same person;

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 the amount of 300,000 yuan or more.

Hello, to the problem you described, the lawyer replied as follows:

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

You should be guilty of negligence causing death. This doesn't seem to be a traffic accident, it should be a traffic accident, and the traffic police department shouldn't handle it, but give it to the local police station or the criminal police brigade to deal with it.

A person who causes serious injury to one or more persons in a traffic accident and bears full or primary responsibility for the accident and has any of the following circumstances shall be convicted and punished as the crime of causing a traffic accident: (1) Driving a motor vehicle while drunk or under the influence of 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 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.

Article 4 In any of the following circumstances, a traffic accident shall be classified as "having other particularly heinous circumstances of concealment" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years: (1) two or more persons are killed or five or more persons are seriously injured, and the person bears full or primary responsibility for the accident; (2) Where six or more people are killed and 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 600,000 yuan or more. Article 5: "Death due to escape" refers to a situation in which the perpetrator flees after a traffic accident in order to avoid legal prosecution, resulting in the victim's death due to lack of assistance, and the sentence is to be at least seven years imprisonment.

Where, after a traffic accident, the person in charge of the unit, the owner of the motor vehicle, the contractor, or the passenger instructs the perpetrator to escape, causing the victim to die because he cannot be rescued, it is to be punished as an accomplice to the crime of causing a traffic accident. Article 6: Where, in order to evade legal prosecution after causing a traffic accident, the perpetrator hides or abandons the victim after taking the victim away from the scene of the accident, causing the victim to die or be seriously disabled because he is unable to receive assistance, he shall be convicted and punished as the crime of intentional homicide or intentional injury in accordance with the provisions of paragraph 2 of Criminal Law article 232 and paragraph 2 of article 234, respectively. Article 7 Where the person in charge of a bulk selling unit, the owner of a motor vehicle, or a motor vehicle contractor instigates or forces others to drive in violation of regulations and causes a major traffic accident, and has any of the circumstances provided for in Article 2 of this interpretation, it shall be convicted and punished as the crime of causing a traffic accident.

Article 8: Where a major traffic accident occurs within the scope of the implementation of public transportation management, it is to be handled in accordance with Article 133 of the Criminal Law and the relevant provisions of this interpretation. Outside the scope of public transportation management, driving a motor vehicle or using other means of transportation causes a person to ** or causes major losses to public property or other people's property, constituting a crime, in accordance with Criminal Law articles 134, 135, 233, and other provisions of the Criminal Law respectively for conviction and punishment. Article 9: The High People's Courts of each province, autonomous region, or directly governed municipality may, on the basis of actual local conditions, determine the threshold amount standards for enforcement of Article 2, paragraph 1 (3) and Article 4 (3) of this Interpretation, and report to the Supreme People's Court for filing.

This is how the 2016 driving without a license hit and killed someone was sentenced.

1. According to the laws and regulations of the People's Republic of China: 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 is also guilty of the following circumstances, shall 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) 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.

2. Therefore, according to the above circumstances, person A will be investigated for criminal responsibility in accordance with the law and suspected of causing a traffic accident. 3. Specific punishment: Whoever violates the traffic and transportation management regulations 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 circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death by escaping shall be sentenced to fixed-term imprisonment of not less than seven years.

Summary. Dear, the deceased also needs to compensate the injured, the deceased has died, and he can no longer be held criminally responsible. In terms of civil liability, it should be determined according to the accident liability determination of the traffic management department, and if it cannot be resolved through negotiation, the victim may file a lawsuit with the court to require the heirs of the perpetrator's property to bear the corresponding liability for compensation within the scope of the inherited property.

The deceased bears secondary responsibility for one death and one injury caused by a traffic accident, the driver who caused the accident bears primary responsibility, and the deceased also needs to compensate for the injuries.

Dear, the deceased also needs to compensate the injured, the deceased has died, and he can no longer be held criminally responsible. In terms of civil liability for land disturbance, it should be determined according to the accident liability determination of Xi Chunmen of the Ministry of Traffic Management, and if it cannot be resolved through negotiation, the victim may file a lawsuit with the court, requiring the heirs of the perpetrator's property to bear the corresponding liability for compensation within the scope of the inherited property.

Legal basis: Article 33 of the Inheritance Law Inheritance and repayment of debts The inheritance of the inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and the settlement of debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law.

In any of the following circumstances, a person who is seriously injured in a traffic accident and bears full or primary responsibility for the accident shall be convicted and punished as the crime of causing a traffic accident: (1) driving a motor vehicle under the influence of alcohol or taking drugs, (2) driving a motor vehicle without driving qualifications, (3) driving a motor vehicle knowing that it is a motor vehicle with incomplete safety equipment or a failure of the safety mechanism, (4) driving knowing that it is a motor vehicle without a license or having been scrapped, (5) driving seriously overloaded, and (6) fleeing from the scene of the accident in order to evade legal prosecution.

Article 133 of the Criminal Law 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; 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. Article 2, paragraph 1 of the "Supreme People's Court 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 shall be sentenced to up to three years imprisonment 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.