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Foreword: In a traffic accident, if the injured person dies suddenly after being hospitalized** for several months, what is the crime of the perpetrator of the traffic accident?
1. What punishment does the perpetrator need to bear because the perpetrator is the main person responsible for the death of the injured person in this traffic accident, and the family of the injured person can demand that the perpetrator bear the corresponding economic compensation, but whether the perpetrator will be sentenced or not should also consider the main reason for the accident. Whether or not to impose criminal penalties on the perpetrators is still up to the judicial authorities to decide.
Second, the perpetrator of the traffic accident Generally speaking, if he dies after staying for three months after the traffic accident because of the ineffectiveness of **, it means that the injury of the person injured in the accident is still very serious, then the driver will be fully responsible. The traffic police generally do not deal with traffic accident cases because it involves the fact that a person died, and the family can generally request an autopsy. If it is found that the cause of death was caused by this traffic accident, then the crime of causing the traffic accident must be the crime of causing the accident, but the crime that should be convicted of the perpetrator of the accident still needs to be analyzed according to the specific circumstances.
If the person who died in the traffic accident did not have any other disease of his own, then the perpetrator of the traffic accident may be found to have caused death by negligence.
3. ConclusionThe relevant provisions of China's criminal law explain that in the event of a traffic accident, the party who is investigated for criminal responsibility will be sentenced, and the criminal responsibility in a traffic accident is usually the crime of traffic accidents, and in many cases will be sentenced, but the general sentencing situation occurs on the basis of causing death or hit-and-run. Therefore, if you die suddenly after three months in this accident, then the perpetrator of this accident needs to be responsible for the deceased.
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If it has anything to do with the collision with the decorator, then he bears criminal responsibility.
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If an autopsy is required to determine the cause of the deceased and determine that the cause of death was caused by a traffic accident, the perpetrator shall be held criminally liable for the crime of causing a traffic accident.
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After a traffic accident, the injured person died after a few months in the hospital, depending on whether the injured person died because of the injury caused by the traffic accident, or because of other diseases, if it is other diseases, then the perpetrator will not be held responsible, if it is because of the death caused by the traffic accident, then according to the division of responsibility, after bearing the main responsibility, it will bear the corresponding accident responsibility and criminal charges, called traffic accidents.
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The perpetrator is not guilty of a traffic accident because the ** period caused the death of the patient. It was not the scene of the accident and died on the spot, so it does not constitute the crime of causing a traffic accident, so it does not bear criminal responsibility.
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In this case, the perpetrator should not be guilty of a traffic accident, because no, the death was caused on the spot, unless he was analyzing the traffic accident, what other dangerous driving behavior?
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If the person who dies after being hospitalized in a traffic accident for several months, then as long as the person who is more than the person who is primarily responsible for the accident is guilty of the traffic accident, he can be sentenced to fixed-term imprisonment of not more than three years.
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It should be a traffic accident, because it is an accident that occurs in the course of traffic, and the person concerned may also be sentenced.
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The crime of traffic accident is also very serious, and you may go to jail and need to bear very serious criminal responsibility.
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For the crime of traffic accidents, we must obey the traffic light rules when traveling, and we must see if there is anyone on the left and right.
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Legal analysis: In the case of death after three months of hospitalization, the forensic doctor shall conduct an evaluation, and if the cause of death is caused by a traffic accident, the corresponding responsibility shall be borne in accordance with the law. If the cause of death is not related to the traffic accident after forensic evaluation, and the responsibility for the accident has been determined, then there is no need to bear legal responsibility.
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, 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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Everyone wants to be healthy in life, but never know which will come first, tomorrow or the unexpectedIf you die after being hospitalized** for a few months due to a traffic accident, the perpetrator is also responsibleTraffic offencesof legal liability,Therefore, the perpetrator should give the injured family a certain amount of compensation, but we need to note that if the perpetrator has a sudden accident during normal driving, he does not need to bear criminal responsibility.
I hope that everyone can strictly abide by the traffic rules in their lives, and only in this way can we make our lives better.
1. What is the crime of causing a traffic accident?
Generally speaking, it refers to a major traffic accident that occurs in violation of road traffic management regulations.
Offences that cause serious injury or death. If there is a positive behavior that can send the injured person to the hospital in time, it can be punished lightly, and we need to pay attention to the fact that there must be no escape after a traffic accident, and once there is an escape, it is regarded as the crime of intentional homicide and injury.
2. What is the difference between traffic accident and other crimes?
Traffic accidents are not subjective, so if an accident occurs, you must turn yourself in in time. At the same time, if the person deliberately kills or injures a specific person by means of false withdrawal, he will be guilty of intentional homicide.
The crime of intentional injury is convicted and punished, so it can be seen that the laws in our country are also very strict, and I hope that everyone can cherish their own lives and the lives of others.
3. How can we avoid danger in our lives?
We all know that people's living conditions are getting better and better, and there are more and more vehicles on the road, so we must strictly abide by the relevant traffic laws before crossing the road.
Look at the traffic lights before traveling, and be aware that if you are driving a car, you must wear your seatbelt.
Be courteous to pedestrians, so that you can minimize the danger, and if you are afraid of too much damage, you can also buy sufficient commercial insurance for your car.
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An autopsy should be performed on the deceased, and if it is determined that the cause of death was caused by a traffic accident, the perpetrator still bears legal responsibility.
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If the perpetrator commits the problem himself, it is likely that he will have to bear the main legal responsibility and some other compensation.
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It is mainly responsible for the crime of causing a traffic accident, but it also depends on whether the death is related to the traffic accident and the division of responsibility between the two parties.
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If the death is causally related to the traffic accident, then the perpetrator is held criminally liable according to the responsibility of the traffic accident.
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If the person dies after a few months in the traffic accident**, the perpetrator will definitely be held legally responsible, that is, if he bears half or more of the responsibility in this accident, then he will be criminally liable.
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After a few months of hospitalization in a traffic accident, the legal liability of the person who died must be a traffic accident, and if he is primarily responsible for the accident, the above needs to be criminally punished.
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After a traffic accident, the injured died several months after being hospitalized. It depends on the cause of death of the injured person, whether it was due to the injuries caused by the traffic accident and the death of the injured person? If so, then the main responsibility for the traffic accident above will bear the corresponding criminal responsibility and bear the crime of causing a traffic accident.
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Hello, this is something that needs to be identified to determine whether the medical fault of the hospital or the death caused by a traffic accident. If the injured person has been hospitalized for four months before he dies, this is generally not the responsibility of the party who caused the accident, but it needs to be determined by a final evaluation. Applying for a Medical Malpractice Identification:
1) When the patient's family requests to be held accountable, they shall first submit a written application for medical accident appraisal to the medical department (section) of the medical unit, and the medical accident handling team of the medical unit shall discuss and issue a written conclusion. (2) If the patient or his family is not satisfied with the conclusion of the medical unit, he or she may apply to the corresponding medical accident technical appraisal committee for a medical accident appraisal. (3) The application for medical accident or incident appraisal shall be submitted within one year after the occurrence of the accident or adverse consequences of the incident, and shall not be accepted after the time limit; However, if a patient dies, the family shall submit an application within 15 days after the death of the patient or after receiving the autopsy report.
4) If the county-level city medical accident technical appraisal committee is not satisfied with the appraisal conclusion, it shall apply to the municipal medical accident technical appraisal committee for appraisal review within 15 days of receiving the appraisal certificate. (5) If the appraisal conclusion of the Municipal Medical Accident Technical Appraisal Committee is not satisfied, it shall apply to the Provincial Medical Accident Technical Appraisal Committee for appraisal review within 15 days of receiving the appraisal certificate. If you are not satisfied with the conclusion, you can directly file a lawsuit with the local banquet hail court.
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If a traffic accident causes the death of the victim one month later, and the cause of death is caused by the traffic accident and the victim is wholly or primarily responsible for the accident, criminal punishment will be imposed.
According to Article 2 of the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents", a person who causes a traffic accident in any of the following circumstances 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 the accident in order to avoid legal prosecution.
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If it is caused by a traffic accident, it must be a traffic accident.
1. In any of the following circumstances, a traffic accident is to be sentenced to up to three years imprisonment or short-term detention.
1. One person is killed or three or more people are seriously injured, and the person bears all or the main responsibility for the accident.
2. If there are three or more deaths, the person shall bear equal responsibility for the accident.
3. Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan.
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, Wu Ying 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. Knowing that it is an unlicensed or scrapped motor vehicle and driving.
5. Driving with serious overload.
6. Fleeing the scene of an accident in order to evade legal prosecution.
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Summary. Hello, the death of the injured person in a traffic accident after one month of hospitalization, there is a death certificate that needs to pay criminal liability In China, the death of the injured person after one month of hospitalization caused by a traffic accident is a consequence of a traffic accident and may involve the following legal issues:1
Civil liability of the driver who caused the accident: According to the provisions of the Road Traffic Safety Law of the People's Republic of China, the driver who caused the accident shall bear civil liability for the losses caused by the traffic accident. In this case, the driver who caused the accident needs to bear the economic losses of the injured person, such as medical expenses, lost work expenses, disability compensation, and death compensation.
2.Criminal liability of the driver who caused the accident: If the driver's actions constitute a traffic accident, he or she may be held criminally liable and punished accordingly in accordance with the provisions of the criminal law.
3.Request for civil compensation from the family: The family of the injured person may file a civil compensation claim with the driver or his insurance company, requesting that the injured person bear the economic losses caused by the death of the injured person.
4.Legal liability of the medical institution: If the medical institution has medical negligence or other liability during the hospitalization of the injured person, resulting in the death of the injured person, the medical institution may need to bear the corresponding legal liability.
Traffic accident casualty dies after a month of hospitalization Legal issues.
Hello, the death of the injured person in a traffic accident after one month of hospitalization, the death certificate of the limb has to be buried in China, the death of the injured person after one month of hospitalization caused by a traffic accident is a consequence of the traffic accident, which may involve the following legal issues:1Civil liability of the driver who caused the accident:
According to the provisions of the Road Traffic Safety Law of the People's Republic of China, the driver who caused the accident shall bear civil liability for the losses caused by the traffic accident. In this case, the driver who caused the accident needs to bear the economic losses of the injured person, such as medical expenses, lost work expenses, disability compensation, and death compensation. 2.
Criminal liability of the driver who caused the accident: If the driver's behavior constitutes a traffic accident, he may be held liable for the crime and punished in accordance with the provisions of the criminal law. 3.
Request for civil compensation from the family: The family of the injured person may file a civil compensation claim with the driver or his insurance company, requesting that the injured person bear the economic losses caused by the death of the injured person. 4.
Legal liability of the medical institution: If the medical institution has medical negligence or other liability during the hospitalization of the injured person, resulting in the death of the injured person, the medical institution may need to bear the corresponding legal liability.
Hello, if a person is wholly or primarily responsible for the death caused by a traffic accident, he shall bear criminal responsibility. Article 2 of the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" stipulates that a person who causes a traffic accident in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
If you were not hospitalized at the time of the traffic accident, but you cannot be compensated if you are hospitalized after the accident, if you are not hospitalized at that time, there is no problem with the examination, and if you are hospitalized again after three days. It is no longer possible to ask for compensation.
It depends on the specifics. Full responsibility, intentional, speeding, drunk driving, etc., are likely to be sentenced. Of course, it may also be that the other party's family must pay the price.
1. According to the degree of loss:
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