Do you have to go to jail if you have a traffic accident that causes death?

1. Do you need to go to jail if you have a traffic accident that causes death?

1. If a traffic accident causes death, you will be imprisoned. A traffic accident resulting in death constitutes the crime of causing a traffic accident. The sentencing is:

1) In the event of death in a traffic accident, a sentence of up to three years imprisonment or criminal detention shall be given;

2) Whoever escapes after causing a traffic accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

3) Whoever causes death by escaping shall be sentenced to fixed-term imprisonment of not less than seven years.

2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or 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; 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.

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. Refers to the major transportation safety that is protected. 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.

and where they are primarily or wholly responsible, they shall be sentenced.

Article 133 of the Criminal Law of the People's Republic of China, whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or 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; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he shall be sentenced to between three and seven years in prison; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal analysis: If a traffic accident causes death, he may go to prison, and if a major accident occurs in violation of traffic and transportation management regulations, resulting in death, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after causing a traffic accident or has other particularly heinous circumstances is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the administration of transportation, 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; Whoever escapes like a hole after causing a traffic accident or has other especially heinous circumstances, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

and where they are primarily or wholly responsible, they shall be sentenced.

Article 133 of the Criminal Law of the People's Republic of China, whoever violates the laws and regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person, or causing major damage to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Those who flee after causing a traffic accident or have other particularly heinous circumstances are to be sentenced to between three and seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal analysis: China's criminal law stipulates that under normal circumstances, after a traffic accident occurs, it may lead to the death of others, and the perpetrator must bear the corresponding legal responsibility. If a traffic accident results in the death of another person, it may constitute a traffic accident.

If a person is killed in a traffic accident and is primarily or fully responsible, the perpetrator of the traffic accident will be held criminally liable for the crime of causing a traffic accident. Once held criminally responsible, you can go to jail.

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 or short-term detention within three years of sale; Where there are other especially heinous circumstances that result in a traffic accident, 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.

and where they are primarily or wholly responsible, they shall be sentenced.

Article 133 of the Criminal Law of the People's Republic of China, whoever violates the laws and regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person, or causing major damage to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Those who flee after causing a traffic accident or have other particularly heinous circumstances are to be sentenced to between three and seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Death in a traffic accident is a traffic accident offense and requires jail time. Article 133 of the Criminal Law stipulates three different levels of punishment for the crime of causing a traffic accident: Whoever commits the crime of causing a traffic accident shall be sentenced to imprisonment for not more than three years or criminal detention.

Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he 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 escape shall be sentenced to fixed-term imprisonment of not less than 7 years. Article 2 of the "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 5 of the "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".