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The age of criminal responsibility is 16 years old, and a person who has reached the age of 16 shall bear criminal responsibility if he commits a crime.
According to 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.
According to the relevant judicial interpretations, the crime of causing a traffic accident can be convicted if one of the following circumstances is met:
1 .1 person is killed or 3 or more people are seriously injured, and the person bears full or primary responsibility for the accident;
2 .Where 3 or more people are killed, they 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 the amount of 300,000 yuan or more. It should be noted that the amount of more than 300,000 yuan here does not refer to the amount of property damage caused by the accident itself, but to the amount that the perpetrator is unable to compensate.
According to this standard, if the amount of direct property loss is less than 300,000 yuan, or the loss far exceeds 300,000 yuan but is less than 300,000 yuan after compensation, it does not constitute this crime;
4 .A traffic accident that causes serious injury to one or more persons, bears full or primary responsibility for the accident, and has any of the following circumstances: (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 without a license or scrapped; (5) Driving with serious overload; (6) Fleeing the scene of the accident in order to evade legal prosecution.
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According to the regulations, a fine of 200 yuan to 2,000 yuan can also be imposed, but in practice, detention measures are rarely implemented, and the probability of fines is relatively high relative to detention.
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Legal analysis: traffic hit-and-run refers to the act of a motor vehicle driver fleeing the scene of an accident without authorization when a traffic accident occurs, resulting in the civil, criminal and administrative liability of the shouting service caused by the traffic accident cannot be determined, and its purpose is to evade and evade responsibility.
Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ. Pretend to be crooked.
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 hall leakage license for life.
Criminal Law of the People's Republic of China》 Article 133 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 shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall be sentenced to fixed-term imprisonment of not less than seven years and shall be sentenced to fixed-term imprisonment of not less than seven years if he escapes and causes death.
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Summary. Hello dear to me, your questions, <>
Hit-and-run is a serious traffic offense that should be dealt with in accordance with the relevant provisions of the Criminal Code and the Road Traffic Safety Act if the perpetrator is over 17 years old. The details are as follows: In accordance with article 234 of the Criminal Law of the People's Republic of China, a person who causes death or serious injury as a result of a traffic hit-and-run shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are especially heinous, the sentence is to be 7 or more years imprisonment.
At the same time, Article 144 of the Road Traffic Safety Law of the People's Republic of China also clearly stipulates that if a person flees after a traffic accident while driving a motor vehicle, the public security organ may detain him in accordance with the law, impose a fine of not less than 5,000 yuan but not more than 10,000 yuan, revoke the motor vehicle driver's license, cancel the motor vehicle registration certificate, and confiscate the motor vehicle. Therefore, it is recommended that the perpetrators immediately surrender to the public security organs, bear the corresponding legal responsibility, and actively compensate the victims and their families for their losses.
How to deal with a hit-and-run at the age of 17.
Hello dear to me, your questions, <>
Hit-and-run is a serious traffic offense that should be dealt with in accordance with the relevant provisions of the Criminal Code and the Road Traffic Safety Act if the perpetrator is over 17 years old. The details are as follows: According to Article 234 of the Criminal Law of the People's Republic of China, a person who causes death or serious injury to Tongfan due to a traffic hit-and-run shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are especially heinous, the sentence is to be 7 or more years imprisonment.
At the same time, Article 144 of the Road Traffic Safety Law of the People's Republic of China also clearly stipulates that if a person flees after a traffic accident while driving a motor vehicle, the public security organ may detain him in accordance with the law, impose a fine of not less than 5,000 yuan but not more than 10,000 yuan, revoke the motor vehicle driver's license, cancel the motor vehicle registration certificate, and confiscate the motor vehicle. Therefore, it is recommended that the perpetrators immediately surrender to the public security organs, bear the corresponding legal responsibility, and actively compensate the victims and their families for their losses.
A friend lent me a car, I borrowed someone else to drive, someone else hit someone at the age of 17 and escaped, how much responsibility do I have for a civil lawsuit.
In this case, you generally need to bear certain civil liability. According to the provisions of China's "Law on the Liability for the Exercise of Rights in Infringement", if you lend your vehicle to others for use, and the vehicle has a traffic accident during the borrowing period, causing losses to others, you, as the owner of the vehicle, also need to bear the corresponding liability for compensation. Specifically, in your case, if the person who was hit files a civil lawsuit, you will generally be liable for certain financial compensation.
However, the exact amount of compensation will be affected by many factors, such as the nature of the accident, the extent of the damage, the degree of your fault, etc.
Will I take full responsibility?
Dear kiss, no, you generally need to bear a certain amount of financial liability.
How much is the average one?
Specifically, the amount of responsibility you need to take on depends on a variety of factors, such as whether there is a written agreement when borrowing the car, the age and driving experience of the borrower, and whether the borrower's qualifications are verified. If you fail to fulfill your duty of care and Botan causes an accident to the borrower, you will be liable for the corresponding compensation.
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Legal Analysis: If a minor between the ages of 16 and 18 is involved in a traffic hit-and-run, if he or she causes serious injuries or more, he or she is suspected of the crime of causing a traffic accident and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and the juvenile offender shall be given a lighter punishment. At the same time, it shall also bear civil liability and administrative liability.
Traffic hit-and-run refers to the act of a motor vehicle driver fleeing the scene of the accident without authorization at the same time as a traffic accident, so that the civil, criminal and administrative liability caused by the traffic accident cannot be determined, and its purpose is to shirk and escape responsibility. With the rapid development of the transportation industry, traffic accident escape cases are also on the rise, seriously disrupting the normal traffic order. According to the law, fleeing after a traffic accident shall be severely punished, such as in the case of a traffic accident, a person who escapes after committing a crime shall be sentenced to fixed-term imprisonment of not less than three years, and a person who escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Legal basis: Zhengmin Road Traffic Safety Law of the People's Republic of China Article 101 If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ. If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the driver's license of the motor vehicle and shall not re-obtain the driver's license of the motor vehicle for the rest of his life.
Criminal Law of the People's Republic of China》 Article 133 Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury to his brother or brother, 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 and escapes after causing a transportation accident, or where there are other especially 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.
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