My husband was given a suspended sentence for a traffic accident, can I file for divorce?

Of course, the restrictions on the divorce period in my country's marriage law are only as follows:

The man may not file for divorce during pregnancy, within one year after childbirth, or within six months of the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

Probation means that you don't have to go to jail, why get a divorce, but you can leave at any time, you can file a divorce lawsuit.

Are you concerned? Don't husbands and wives share weal and woe??? After reading your question, I was speechless.

Why are you like this?

Hey, I don't know what to say about you.

Really do"Husband and wife were originally birds of the same forest, and they flew separately when disaster came"Is it?

If you could treat even the closest people around you like this, I don't think you would have many friends.

…There is a lot of money to be compensated, so the thought of divorce ......

Isn't it just 2 years, I really love him and wait for him to come out!

Yes, how long is he going to stay there?

You're a very good girl, your husband is blind when he marries you, I suggest you go to the kiln to do it, do you want to introduce the place.

How did you get married, don't you love him?

As soon as something happens to him, are you going to divorce him?

Legal analysis: In a traffic accident case that meets the following conditions, there is a possibility that a suspended sentence may be applied: 1. The circumstances of the crime are relatively minor; 2. Showing remorse; 3. There is no danger of recidivism; 4. The probation of the defeat has no significant adverse impact on the community in which it lives.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates 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 traffic accident hits and escapes, 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.

1. Can a suspended sentence be given for a traffic accident?

1. Traffic accidents can be sentenced to probation. As long as the traffic accident meets the conditions for probation, a suspended sentence can be given. Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment where the circumstances are minor at the same time.

2. Legal basis: Article 72 of the Criminal Law of the People's Republic of China.

Applicable conditions] Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if they meet the following conditions at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

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

1. The object of the crime of causing a traffic accident. It refers to the major transportation safety protected by the criminal law. Because only if a traffic accident is caused and has major consequences, the crime of traffic accident is constituted.

If it is only a traffic accident without causing major consequences, it does not constitute the crime of causing a traffic accident, and it is also not a social relationship to be protected, and cannot constitute the object of the crime of causing a traffic accident;

2. The objective aspect of the crime of causing a traffic accident is manifested in the perpetrator's violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property;

3. The subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility. In practice, it is mainly people who are engaged in transportation. Whether the crime of traffic accident is established in a case where a person under the age of 16 and over the age of 14 causes an accident by driving a motor vehicle and causing a major accident;

4. The subjective aspect of the crime of traffic accident is negligence. It is both negligent and overconfident. The negligence emphasized in the crime of traffic accident refers to the actor's mental attitude towards the serious consequences of the accident, and as for the duty of care for violating the traffic and transportation management regulations, it may be either knowingly committed or negligent, which does not affect the establishment of the crime of traffic accident.

If the perpetrator subjectively has an intentional mental attitude towards the serious consequences caused by his act, then the act should be punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of causing a traffic accident.

Where traffic accidents meet the requirements for a suspended sentence, a suspended sentence may be given. Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the following requirements at the same time. Suspended sentences shall be pronounced for persons under the age of 18, pregnant women and persons under the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of repentance;

There is a risk of recidivism;

4) The probation is declared to have no significant adverse impact on the residential community.

Article 72 of the Criminal Law provides that a suspended sentence may be announced for criminals sentenced to short-term detention or fixed-term imprisonment of less than three years if the following conditions are met at the same time, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

A traffic accident qualifies for a suspended sentence and can be given a suspended sentence. Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75: the circumstances of the crime are relatively minor; Showing remorse; There is no danger of recidivism; <&list”

Traffic hit-and-run (zhào shì táo yì) refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution. The Criminal Law stipulates that a person who escapes after causing a traffic accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; Whoever causes death as a result of a traffic hit-and-run shall be sentenced to fixed-term imprisonment of not less than 7 years.

Where a traffic accident constitutes a crime during the period of probation, the suspended sentence is revoked and the punishment for multiple crimes is combined; Those who still harass Qi and call Kai and do not constitute a crime only need to accept administrative punishment. According to the provisions of the Criminal Law, if a criminal who has been given a suspended sentence commits a new crime during the probationary period of the suspended sentence or discovers that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, and a judgment shall be made for the newly committed crime or the newly discovered crime, and the punishment for the previous crime and the subsequent crime shall be combined.

Legal basis] Article 77 of the Criminal Law of the People's Republic of China.

Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, a judgment shall be made for the newly committed crime or newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law.

Criminals who have been given a suspended sentence shall have the suspended sentence revoked and the original sentence enforced if they violate laws, administrative regulations, or relevant departments' provisions on the supervision and management of suspended sentences, or violate the injunction in the people's court's judgment, and the circumstances are serious.

Summary. Dear, hello, I am happy to answer for you, you can get a divorce after a traffic accident, and divorce has nothing to do with traffic accidents.

How to sentence the husband for the crime of causing an accident, and then divorce.

Dear, hello, I am happy to answer for you, you can get a divorce after a traffic accident, and divorce has nothing to do with traffic accidents.

I have been sued and divorced, the divorce certificate has been obtained, and the key car has been awarded to me, legal basis: The "Marriage Law" stipulates that at the time of divorce, the debts originally incurred by the husband and wife living together should be repaid jointly.

If the joint property is insufficient to pay off, or the property is owned separately, the two parties shall agree to settle the settlement: if the agreement is not reached, the people's court shall make a judgment. When the amount of joint debts of the husband and wife is greater than the value of the joint property of the husband and wife, that is, when the joint property of the husband and wife is insufficient to pay off the joint debts, the people's court shall solicit the opinions of both husband and wife and consider the solvency of both parties.

Under the premise of legality and voluntariness, the husband and wife are allowed to settle the joint debts by agreement, and one party can bear all the responsibility for repayment, or the two fronts can share the responsibility for the repayment of the debt. When the two parties cannot reach an agreement on the joint debt, the people's court shall make a judgment based on the actual circumstances of the case. Therefore it depends on the situation.

If the traffic accident occurred during the marriage, the debts arising from the accident are joint debts of the husband and wife. In this regard, the joint debts of the husband and wife shall be borne jointly by both spouses. The creditor may demand the performance of the debt from either spouse, and the court shall uphold it.

The key is that he hit someone and walked away without knowing it. The insurance company does not pay.

The key is that he hit someone and walked away without knowing it. The insurance company does not pay.

Dear, it's a hit-and-run.

The other party has died, the car has been seized by the court, the other party has been preserved, I sued for divorce, I have taken the book, the car he awarded me, the other party asked for one million, my man does not have so much money to give each other, the husband and wife are joint property, he made a mistake, he can't affect me, he is also willing to go to prison, pro, joint debts need to be borne together.

Now that I am divorced, he cannot implicate me, and if the man agrees, he can bear all the responsibilities of one party.

Pro, you can negotiate with him to bear it alone, and sign an agreement.

How to sentence the husband for the crime of causing an accident, and then divorce.

Hello dear, here I will answer for you: the judgment of the crime of causing the accident has nothing to do with the divorce, the judgment of the divorce depends on the wishes of both parties, if both parties agree to divorce, you can apply for divorce by agreement, if the two parties do not agree to divorce, you can apply for divorce by litigation. According to article 236 of the Criminal Law of the People's Republic of China, the verdict for the crime of causing an accident or selling a banquet shall be based on the circumstances, nature, seriousness of the circumstances, and other circumstances of the defendant's conduct, and he shall be sentenced to fixed-term imprisonment, short-term detention or controlled release, and shall also be fined; where the circumstances are especially heinous, a sentence of life imprisonment may be given.