What are the penalties for hit and run and damage to public facilities?

What are the penalties for a traffic hit-and-run?

1. Administrative responsibility.

The second paragraph of Article 101 of the Law of the People's Republic of China stipulates that 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. This provision is an administrative sanction for a person who has escaped from a traffic accident, and his or her driver's license will be revoked and cannot be obtained again for the rest of his or her life, regardless of the consequences of the traffic accident.

2. Civil liability.

Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates that if a person escapes after a traffic accident, the party who escaped shall bear it, but if there is evidence to prove that the other party is also at fault, the liability may be reduced. What is said here"Liability"It refers to civil liability, which is what we usually call liability for compensation.

The law establishes this liability as presumed fault. Because the scene of the accident was damaged due to the escape of the party, it is difficult for the traffic management department to determine the responsibility for the accident, and it is first presumed that it is at fault and bears all the responsibility for the accident.

3. Criminal liability.

Article 133 of the Criminal Law of the People's Republic of China stipulates that anyone who commits the crime of causing a traffic accident 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. Hit-and-run after a traffic accident is an aggravating circumstance, and the Criminal Law provides for a heavier sentence. It should be mentioned that Article 6 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 provides that "if the perpetrator hides or abandons the victim after taking the victim away from the scene of the accident after a traffic accident to avoid legal prosecution, resulting in the death or serious disability of the victim who cannot be rescued, he shall be convicted and punished for the crime of intentional homicide or intentional injury", the statutory maximum sentence for causing death due to escape in a traffic accident is 15 years, and the statutory maximum sentence for intentional homicide is the death penalty.

The penalty standards for driving a car to damage a public facility and escaping are as follows:

1. If a traffic accident is caused, 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;

2. If a crime is constituted, criminal responsibility shall be investigated in accordance with law.

What is the impact of the escape on the liability for the accident.

1. When the responsibility of the parties cannot be determined due to the escape of the parties in the accident, the escaping party shall be presumed to bear full responsibility, regardless of the actual responsibility of the parties to the accident;

2. If one of the parties to the accident escapes, the result of the accident is that both parties are not responsible, that is, the party who escaped shall bear full responsibility for the accident;

3. If one of the parties to the accident escapes, the result of the accident is that the escaping party has a safety violation or driving error, and the other party is not at fault, and the escaping party is fully responsible;

4. If one of the parties to the accident escapes, the result of the accident is that both parties to the accident are responsible, and the liability of the fleeing party is appropriately reduced on the basis of determining the proportion of fault.

Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China calls for speed.

In 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.

Legal Analysis: Civil liability for damaged public facilities. If you deliberately escape, the circumstances may violate the public security punishment law, and if the circumstances are serious and cause major losses, you will be guilty of damaging public and private property, so when the public drives into public facilities, it is best to consciously abide by the law, report the case and make corresponding compensation.

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.

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.

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.

Fleeing after causing a traffic accident does not constitute a crime; 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.

Road Traffic Safety Law of the People's Republic of China

Article 99 Any person who commits 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 driving a motor vehicle while 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) Causing a traffic accident to flee after an attack, but it does not constitute a crime;

4) The motor vehicle is driving more than 50% of the speed limit;

5) Forcing the driver of a motor vehicle to drive a motor vehicle in violation of road traffic safety laws and regulations and the requirements for safe driving of a traveling motor vehicle, causing a traffic accident that 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.

Legal analysisBear civil liability for damaged public facilities. If you deliberately escape, the circumstances may violate the Public Security Punishment Law, and if the circumstances are serious and cause major losses, you will be guilty of damaging public and private property, so when the public drives into a public facility, it is best to consciously abide by the law, report the case and make corresponding compensation.

Legal basisArticle 71 If a vehicle escapes after a traffic accident, the witnesses at the scene of the accident and other persons in the know 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 101 Where a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, and a crime is constituted, 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 motor vehicle driver's license, and shall not revoke the new motor vehicle driver's license for life.