How many years was sentenced to the crime of causing a traffic accident that killed 2 people and bur

According to the provisions of the Criminal Law of the People's Republic of China on the crime of causing traffic accidents, a person who causes the death of two people in a traffic accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years, life imprisonment, or death.

This should be determined according to the cause of the traffic accident, if it is malicious and caused the accident, without the forgiveness of the parents of the deceased, and there is no reasonable compensation for the burned vehicle. This can be punishable by life imprisonment. If the accident was not caused maliciously, and the parents of the deceased were forgiven, and the money for the burned vehicle was reasonably compensated, then the crime would be much less, and the sentence could be 5-10 years.

The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with law. According to the theory of China's criminal law, the establishment of any kind of crime must have four constitutive elements, namely, the object of the crime, the objective aspect of the crime, the subject of the crime and the subjective aspect of the crime. That is, whether a traffic accident constitutes a traffic accident is determined by the only criterion for determining whether the crime constitutes the crime of the crime.

It should be more than 7 years.

If the sentence is severe, there is an indefinite term.

Possibly.

This depends on the cause of the accident, and the traffic police will make a determination of responsibility in accordance with the law.

The traffic accident caused two people to die and burned three times, and the specific sentence is several years, we don't know how the traffic police should give you? It also depends on how you caused the accident? As a result, two people died, and in addition it depends on the actual family, what are their requirements?

You also have to communicate with the family of the deceased, and the specific sentence is how many years the state has regulations, and the law of the house will judge how you should judge?

If three people die in a traffic accident, the suspect will be sentenced to up to three years imprisonment or criminal detention by the people's court. Whoever escapes after causing a traffic accident 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.

What are the constitutive elements of the crime of causing a traffic accident?

1. Subject matter requirements. The object of the violation is the safety of transportation. Transportation refers to railway, highway, water and air transportation that is linked to certain means of transportation and transportation equipment, and the characteristics of this kind of transportation are closely related to the safety of the lives and property of the broad masses of the people, and once an accident occurs, it will endanger the life safety of an unspecified number of people.

causing extensive damage to public and private property, so that its conduct is essentially a crime endangering public security;

2. Objective elements. Objectively, it is manifested as violating traffic and transportation management regulations in transportation activities, resulting in major accidents, causing serious injuries or deaths, or causing large losses to public and private property;

3. Main requirements. The main body is a general subject. That is, any natural person who has reached the age of 16 and has the capacity for criminal responsibility can be constituted.

The subject cannot be understood as all personnel working in the above-mentioned transportation departments, nor can it be understood as only referring to the drivers of trains, automobiles, trams, ships, aircraft and other means of transportation, but should be understood as all personnel directly engaged in transportation business and ensuring transportation and non-transportation personnel;

4. Subjective elements. The subjective aspect is manifested in negligence, including negligent negligence and overconfident negligence. This negligence refers to the mental attitude of the perpetrator towards the serious consequences that his violation may cause.

The perpetrator may knowingly violate the rules and regulations, such as drunk driving, forcible overtaking, speeding, etc., but his violation may cause a major accident and cause serious consequences, and he should have foreseen it but was negligent and did not foresee it, or although he had foreseen it, he believed that it could have been avoided, resulting in serious consequences.

Legal basisArticle 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.

Legal analysis: to see whether there is primary responsibility, whether there are bad behaviors such as escape, and the attitude of the deceased's family. A minimum of three years in prison.

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; 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.

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 losses to public property or other people's property, and being cautious of bearing full or primary responsibility for the accident, and being unable to compensate for the amount of 30,000 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.

The three people who died in a traffic accident were sentenced to several years as follows:

1. Where three or more people die, and they are equally responsible for the incident, they are to be sentenced to up to three years imprisonment or short-term detention;

2. Where 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, it is "there are other particularly heinous circumstances" and a sentence of between three and seven years imprisonment is to be given.

3. Basis: 1) 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" provides that 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.

2) Article 4 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" provides that in any of the following circumstances, a traffic accident shall be classified as "having other particularly heinous circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years

1) Where two or more people are killed or five or more people are seriously injured, and bear full or primary responsibility for the accident;

2) Where six or more people are killed, and 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 600,000 yuan or more.

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 detention for repentance; 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.

See whether they are primarily responsible, whether there are bad behaviors such as escape, and the attitude of the deceased's family. A minimum of three years in prison.

Legal basis: Criminal Law of the People's Republic of China

Article 133 Whoever 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 short-term detention and escapes after causing a transportation accident, or where there are other particularly heinous circumstances, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, the circumstances are heinous (2) driving a motor vehicle while intoxicated (3) engaging in school bus business or passenger transportation, seriously exceeding the rated occupants to carry passengers, or seriously exceeding the prescribed speed (4) transporting hazardous chemicals in violation of the provisions on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Article 133-2 Whoever uses violence or rushes control of a driving control device against a driver of a moving public transport, interfering with the normal operation of the public prudent vehicle, endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and shall also be fined or fined.

Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to be punished in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Sentencing for the death of two persons caused by a traffic accident: If the crime of causing a traffic accident is constituted, the sentence is generally up to three years imprisonment or short-term detention. This crime refers to the act of violating traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property.

Legal basisArticle 133 of the Criminal Law.

Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury to a person, the death of Qiao Fansun, or causing major losses to public or private property, shall be sentenced to up to three years imprisonment or short-term detention; Where, after causing a traffic accident, the car escapes quickly or there are 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.