What constitutes a hit and run and what constitutes a hit and run

According to the Regulations on Procedures for Handling Traffic Accidents (Order No. 70 of the Ministry of Public Security), "traffic hit-and-run" refers to the behavior of the parties involved in the traffic accident to flee the scene of the traffic accident by driving or abandoning the vehicle in order to avoid legal prosecution after a traffic accident. -

The main constituent conditions of hit-and-run are: (1) the perpetrator knows that he has caused the traffic accident, that is, the perpetrator must know that his behavior has caused the traffic accident when he escapes, which is the subjective cognitive factor of the perpetrator.

If the perpetrator leaves the scene without realizing the occurrence of the traffic accident, it cannot be found to be a "hit-and-run after a traffic accident". For example, Case 1: When Sun was driving a two-wheeled motorcycle carrying his friend Liu (both of whom drank too much) to speed, due to bumps on the road, Liu fell from the motorcycle and hit his head on the ground, causing a head injury and died on the spot.

At that time, Sun didn't know anything about it, and still continued to drive wildly until he was discovered and intercepted. In this case, although Sun left the scene, because he subjectively did not "know" about the traffic accident in which Liu fell to the ground, it was not appropriate to determine that he "escaped after a traffic accident", and could only be found to constitute the crime of ordinary traffic accident. It should be emphasized that the "knowing" we mean that the actor "knows" or "should have known", and if the actor "should know" that his or her actions caused the traffic accident and pretends not to know and flees the scene of the accident, it should still be found to be "fleeing after a traffic accident".

Bumping into a car or a person, you run away, no matter how big or small, it is an escape.

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, making it impossible to determine the civil, criminal and administrative liability caused by the traffic accident, and its purpose is to shirk or escape responsibility. There are three aspects to what constitutes a hit-and-run after a traffic accident:

1. Subjective aspect. The subjective aspect refers to the subjective motive of the perpetrator, and the motive for fleeing after a traffic accident is generally to evade the obligation to rescue and evade responsibility.

2. Objective aspect. The act of fleeing after a traffic accident must comply with the circumstances prescribed by law. From the perspective of criminal law theory, the most direct way to determine whether the perpetrator constitutes a crime is to determine the objective aspect of the act.

3. Post-escape behavior. The interpretation of the law stipulates that a traffic accident shall constitute a crime if it has any of the following circumstances:

1) Death of 1 person or serious injury of 3 or more persons, all or all of which are responsible for the accident;

2) If there are more than 3 deaths, the same responsibility for the accident is borne;

3) If the number of lead causes direct losses to public property or other people's property, bear all or the main responsibility for the accident, and are unable to compensate for more than 300,000 yuan. In addition, if a traffic accident causes serious injury to one or more people, and bears full or primary responsibility for the accident, and has any of the following circumstances, it shall be convicted and punished as the crime of traffic accident:

1) Driving a motor vehicle after drinking alcohol 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 has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution. Hit-and-run Even if it is difficult to find out where the person is now, but under the search of the police, the criminal will always be found, and in this case, the hit-and-run is caught, and the crime sentenced is more serious. Therefore, the parties should not evade their responsibilities and actively solve the problem, and if the attitude of the parties wins the tolerance of the victims, then the punishment will be reduced.

Article 71 of the Road Traffic Safety Law stipulates that if a vehicle escapes after a traffic accident, the witnesses at the scene of the accident and other persons with knowledge shall report to the traffic management department of the public security organ or the traffic police. If the report is true, the traffic management department of the public security organ shall give a reward. Article 133 of the Criminal Law provides:

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 up to 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. Manage.

It is a hit-and-run act: 1. The perpetrator's act of causing a traffic accident has constituted the crime of causing a traffic accident; 2. The perpetrator clearly knew that he had committed a traffic accident and fled the scene in order to evade legal responsibility; 3. Conduct that has fulfilled the obligation to rescue the victim, but evades responsibility for the investigation and determination; 4. The act of fleeing after taking the victim to the hospital, or even hiding at the scene.

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 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.

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 alcohol or taking drugs.

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 3 and annihilation.

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 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.

Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and in 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 alcohol or taking drugs.

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 and items (1) through (5) of the second paragraph of this interpretation.

The following situations are hit-and-run acts: 1. Knowing that a traffic accident has occurred, the party involved in the traffic accident flees the scene of the accident by driving or abandoning the car; 2. The parties involved in the traffic accident believe that they are not responsible for the accident and drive away from the scene of the accident; 3. The party involved in the traffic accident is suspected of drunk or driving without a license, and does not perform the obligation to listen to the scene after reporting the case, and abandons the car and returns after leaving the scene of the accident.

[Legal basis].

Article 100 of the Criminal Law Calling Kai Qi ("Calling Kai Qi" Article 100 Sun Zhi 33 Whoever violates the traffic and transportation management regulations, resulting in 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.