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Here's how to deal with a driving escape:
1. For those who flee after causing a traffic accident and it does not constitute a crime, the public security organ shall impose a fine of 200 to 2,000 yuan, and may be detained for up to 15 yuan.
2. In the event of a major traffic accident that constitutes a crime and there is no escape, the public security organ shall revoke the motor vehicle driver's license in addition to pursuing criminal responsibility in accordance with the law.
3. In the event of a major traffic accident that constitutes a crime and escapes, the public security organ shall revoke the motor vehicle driver's license in addition to pursuing criminal responsibility in accordance with the law, and shall not re-obtain the motor vehicle driver's license for life.
Legal basis:
Article 101 of the Road Traffic Safety Law of the People's Republic of ChinaIn violation of the provisions of road traffic safety laws and regulations, a major traffic accident occurs, constituting a crime, criminal responsibility shall be investigated in accordance with law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license. 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 license for life.
Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of ChinaIf a party escapes after a traffic accident, the party who escaped bears full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated. Where parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility.
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Handling of traffic hit-and-run situations
1. Handling of traffic hit-and-run conduct where the conduct does not constitute a crime
1. If the perpetrator only causes minor injuries or injuries to the victim or only causes the death of livestock (such as pigs, cattle, sheep, etc.), the amount of property loss is not large.
2. At this time, if the perpetrator's escape behavior itself does not cause other serious consequences, and the perpetrator does not constitute a crime, the perpetrator may be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ in accordance with the provisions of Article 99 of the Road Traffic Safety Law, and may be detained for up to 15 days.
II. Handling of traffic accidents that constitute a crime and fleeing without causing serious consequences
If the perpetrator drives illegally and causes a major traffic accident, resulting in serious injury, death or major damage to public or private property, the perpetrator has constituted the crime of causing a traffic accident, and at the same time, the perpetrator has fled by car in order to avoid legal prosecution, but no serious consequences have been caused by the escape. This situation meets the aggravating circumstance of "fleeing after a traffic accident" as provided for in article 133 of the Criminal Law, and the perpetrator shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
III. Handling of traffic hit-and-run cases of fatality
Article 5 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents stipulates that "death due to escape" refers to a situation in which the perpetrator flees after a traffic accident in order to avoid legal prosecution, resulting in the death of the victim due to lack of assistance. This defines the specific scope of death caused by escape.
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1. How to deal with driving and escaping.
1. The handling of driving escape is as follows:
1) For those who flee after causing a traffic accident and it does not constitute a crime, the public security organ shall impose a fine of 200 to 2,000 yuan, and may be detained concurrently for up to 15 yuan;
2) In addition to investigating criminal responsibility in accordance with the law, the motor vehicle driver's license shall be revoked by the public security organ in the event of a major traffic accident that constitutes a crime and there is no escape.
2. Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China.
Any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;
2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;
3) Fleeing after causing a traffic accident that does not constitute a crime;
4) The motor vehicle is driving more than 50% of the speed limit;
5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;
6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;
7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;
8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.
Where the perpetrator has any of the circumstances in items 2 or 4 of the previous lifting front type, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.
2. What is the compensation standard for traffic hit-and-run?
1. Medical expenses shall be determined according to the receipt voucher issued by the medical institution;
2. Lost work pay is determined based on the victim's lost time and income;
3. Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer;
4. Nursing expenses and accommodation fees, etc.
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After the perpetrator arrives at the case, if the hit-and-run does not constitute the crime of training, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days; where a crime is constituted, a sentence of between three and seven years imprisonment shall be given. Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China commits any of the following acts, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan: (1) driving a motor vehicle without obtaining a motor vehicle driver's license, the motor vehicle driver's license is revoked, or the motor vehicle driver's license is temporarily detained; 2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended; 3) Fleeing after causing a traffic accident that does not constitute a crime;
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.
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Those who flee after causing a traffic accident and do not constitute a crime shall be fined by the public security organs and detained according to the circumstances. If the driving escapes constitute a crime, the bridge will be investigated for criminal responsibility in accordance with the law. Whoever escapes after causing a traffic accident or has other especially heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; and where death is caused by escape, a sentence of not less than seven years imprisonment shall be given.
If you catch someone, you can do something. If you don't catch someone, it's fine. Unless there are witnesses who recognize the driver. Or maybe it's caught on camera. If you don't have anything, you have to do it yourself.
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