The sentence for death in a traffic accident is several years, and the sentence for death in a traff

The sentencing standard for full responsibility for a traffic accident to the death of a person is generally up to three years imprisonment or short-term detention.

Criminal Law of the People's Republic of China

Article 133 [Crime of Causing Traffic Accidents] Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death to a person or causes 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.

If a major accident occurs in violation of traffic and transportation management regulations, resulting in death, it constitutes the crime of causing a traffic accident and 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.

If there is no responsibility for the traffic accident, it does not constitute a crime and will not be punished.

[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 that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment 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.

Article 133-1.

Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine: (1) Chasing and racing, and the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety. Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal analysis: If a traffic accident causes death, if it constitutes a crime, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal 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.

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 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.

The sentence for death in a traffic accident depends on the circumstances and is as follows:

1. Where the sentence for death caused by a traffic accident is that the death caused by a traffic accident constitutes the crime of causing a traffic accident, a sentence of up to three years imprisonment or short-term detention is given;

2. Where two or more deaths are caused by a traffic accident, a sentence of between three and seven years imprisonment is given;

3. If a person dies as a result of a traffic hit-and-run, he will be sentenced to more than seven years in prison.

Traffic Accident Death Compensation Standards:

1. Disability compensation = per capita income of urban (rural residents) in the previous year x disability coefficient x years of compensation at the location of the court where the lawsuit is filed;

2. Disability assistive device fee = reasonable cost for ordinary appliances;

3. Funeral expenses = average monthly salary of employees in the previous year x 6 months at the location of the court where the lawsuit is filed;

4. Living expenses of dependents = per capita annual consumption expenditure of urban residents (rural residents) in the previous year x number of years of dependents at the location of the court where the lawsuit is filed;

5. Hospitalization meal subsidy = standard of food subsidy for general staff of state organs on business trips x number of days of hospitalization;

6. Medical expenses compensation = diagnosis and treatment expenses + medical expenses + hospitalization expenses + others;

7. Lost work pay = monthly income of lost work x lost time;

8. Nursing fee = the same level of nursing labor remuneration standard for nurses at the place where the traffic accident occurred x the number of nursing days;

9. Death compensation = per capita income of the previous year at the location of the court where the lawsuit is filed x 20 years;

10. In addition, there are transportation expenses, accommodation expenses, direct property damage expenses, vehicle suspension loss expenses, mental injury solatium, etc.

[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.

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.

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;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

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 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 that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

A person who causes death in a traffic accident is generally sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Where a major accident occurs in violation of traffic and transportation management regulations, resulting in serious injury or death or causing major losses to public or private property, the crime of causing a traffic accident is constituted.

The exact length of the sentence needs to be determined on a case-by-case basis. The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with law. The crime of causing a traffic accident is a crime of negligence endangering public safety, and the establishment of any kind of crime must have four constituent elements, namely, the object of the crime, the objective aspect of the crime, the subject of the crime, and the subjective aspect of the crime.

That is, whether a traffic accident constitutes a traffic accident is determined by the only criterion for determining whether the crime constitutes the crime of the crime.

Standard of compensation for the death of the victim:

1. The content of the death compensation is determined to be compensation for the loss of the recipient, and its nature is compensation for property damage, not compensation for moral damage;

2. The death compensation shall be calculated on a 20-year basis according to the standard of per capita disposable income of urban residents or net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year. If you are over 75 years old, it will be counted as 5 years.

3. Funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months. In the case of the death of the victim as a result of personal injury, the same standard shall be applied to the determination of the victim regardless of the difference in the victim's occupation, status, job, gender, age, etc., and whether the victim lived in an urban or rural area before his death.

Laws and Regulations

Criminal Law of the People's Republic of China

Article 133 [Crime of Causing Traffic Accidents] Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death to a person or causes 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.

1. A sentence of several years for death caused by a traffic accident.

1. The sentence of several years for the death of a person caused by a traffic accident needs to be dealt with according to the circumstances. They are:

1) Where a traffic accident causes death, a sentence of up to three years imprisonment or short-term detention shall be given;

2) Where a person escapes after causing a traffic accident or has other particularly heinous circumstances, he 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. It refers to the major transportation safety protected by the Criminal Law of the People's Republic of China. 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.

The verdict of death caused by a traffic accident is as follows:

1. If a traffic accident causes death, if it constitutes a crime, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention;

2) Where a person escapes after causing a traffic accident or has other particularly heinous circumstances, he 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.

Where, after causing a traffic accident, in order to escape legal prosecution, the perpetrator takes the victim away from the scene of the accident and hides or abandons it, causing the victim to die or be seriously disabled because he cannot receive assistance, he shall be convicted and punished as the crime of intentional homicide or intentional injury in accordance with relevant provisions. Where the person in charge of a unit, the owner of a motor vehicle, or a motor vehicle contractor instigates or forces others to drive in violation of regulations, causing a major traffic accident, it is to be convicted and punished as the crime of causing a traffic accident.

Criminal Law of the People's Republic of China

Article 133.

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.