Do you have to go to jail for death in a traffic accident, and do you go to jail for death in a traf

Death in a traffic accident is a traffic accident and requires jail time. 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.

According to Article 133 of the Criminal Law, 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 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. Article 133-1 stipulates: Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and shall also be fined:

1) Circumstances causing death.

1.1 person is killed or 3 or more people are seriously injured, and the person bears full or primary responsibility for the accident; (This does not mean that as long as there is a death result, it will constitute a traffic accident).

2.If there are 3 or more deaths, they bear equal responsibility for the accident.

2) Circumstances that cause serious injury to a person.

A traffic accident that causes serious injury to one or more people, bears full or primary responsibility for the accident, and has any of the following circumstances:

1.driving a motor vehicle after drinking alcohol or taking drugs;

2.driving a motor vehicle without driving qualifications;

3.Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety mechanisms;

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 avoid legal prosecution;

3. Do I have to go to jail if I die in a traffic accident?

If the person killed in a traffic accident bears the main or full responsibility, he or she shall be investigated for criminal responsibility for the crime of causing a traffic accident.

According to the relevant judicial interpretations, the crime of causing a traffic accident can be convicted if one of the following circumstances is met:

1 .1 person is killed or 3 or more people are seriously injured, and the person bears full or primary responsibility for the accident;

2 .If there are 3 or more deaths, they bear equal responsibility for the accident.

3 .Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for the amount of 300,000 yuan or more. It should be noted that the amount of more than 300,000 yuan here does not refer to the amount of property damage caused by the accident itself, but to the amount that the perpetrator is unable to compensate.

According to this standard, if the amount of direct property loss is less than 300,000 yuan, or the loss far exceeds 300,000 yuan but is less than 300,000 yuan after compensation, it does not constitute this crime;

To sum up, if a person drives a motor vehicle under the influence of alcohol or drugs, and drives a motor vehicle without driving qualifications, one person dies or seriously injures three or more people, and bears all or the main responsibility for the accident, and if three or more people die and bears equal responsibility for the accident, and one or more people are seriously injured as a traffic accident, and bear all or the main responsibility for the accident, it constitutes 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 you die in a traffic accident and lose money, you will be criminally responsible.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China stipulates that whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury, death or death or 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 fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escaping shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal analysis: To go to prison, in the event of a traffic accident death, if the driver meets the constitutive elements of the traffic accident crime, the public security organs will file a case for investigation and pursue his criminal responsibility, and at the same time, as the family of the deceased, he can claim death compensation from the driver who caused the accident. According to the relevant judicial interpretations, the crime of causing a traffic accident can be convicted if one of the following circumstances is met:

1 .1 person is killed or 3 or more people are seriously injured, and the person bears full or primary responsibility for the accident;

2 .If there are 3 or more deaths, they bear equal responsibility for the accident.

3 .Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for the amount of 300,000 yuan or more. It should be noted that the amount of more than 300,000 yuan here does not refer to the amount of property damage caused by the accident itself, but to the amount that the perpetrator is unable to compensate.

According to this standard, if the amount of direct property loss is less than 300,000 yuan, or the loss far exceeds 300,000 yuan but is less than 300,000 yuan after compensation, it does not constitute this crime;

4 .A traffic accident that causes serious injury to one or more persons, bears full or primary responsibility for the accident, and has any of the following circumstances: (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 without a license or scrapped; (5) Driving with serious overload; (6) Fleeing the scene of the accident in order to evade legal prosecution.

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, 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.

Whether or not to go to jail for death in a traffic accident depends on the specific situation.

Where a traffic accident causes death, the crime of causing a traffic accident is constituted, and a sentence of up to three years imprisonment or short-term detention is to be given. If the perpetrator has paid the victim a maximum amount of compensation, he may be given a lighter punishment as appropriate. Under certain circumstances, if there are no other aggravating circumstances, if there is a good attitude of admitting guilt, an occasional offender, a first-time offender, the court may impose a suspended sentence, in which case, you can avoid jail time.

However, if the circumstances are serious and there are aggravating circumstances, even if compensation is actively made, a fixed-term imprisonment shall be imposed. Because the perpetrator caused the death of another person in a traffic accident, he should bear civil liability, which is different from the criminal liability borne by the imposition of criminal punishment, and this cannot be substituted for each other.

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.

Death in a traffic accident can result in jail time. 1. If a major accident occurs in violation of traffic and transportation management regulations, resulting in death, Hu Xianyan shall be sentenced to fixed-term imprisonment of not more than three years or criminal 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 as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

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, he shall 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.

If death caused by a traffic accident constitutes a traffic accident, he will be sentenced to imprisonment of not more than three years or criminal detention; If there is an escape after the accident or there are other especially heinous circumstances, the sentence is to be between three and seven years imprisonment; Whoever causes death as a result of escaping the defense shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal basis: chain trappingArticle 133 of the Criminal Law.

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 by fleeing and carrying a call shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal Analysis: Death in a traffic accident can lead to jail time. 1. If a major accident occurs as a result of violating traffic and transportation management regulations, resulting in death, a sentence of not more than three years imprisonment or criminal detention shall be imposed; 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 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, 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; Whoever escapes after causing a traffic accident or has other especially heinous circumstances shall be sentenced to fixed-term imprisonment of not more than three years or 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.

If death caused by a traffic accident constitutes a traffic accident, he will be sentenced to imprisonment of not more than three years or criminal detention; If there is an escape after the accident or there are other especially heinous circumstances, the sentence is to be between three and seven years imprisonment; Whoever causes death as a result of escaping the defense shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal basis: chain trappingArticle 133 of the Criminal Law.

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 by fleeing and carrying a call shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal analysis

In the event of a traffic accident death, if the driver meets the constitutive elements of the traffic accident, the public security organ will file a case for investigation and pursue his criminal responsibility, and at the same time, as the family of the deceased, he can claim death compensation from the driver who caused the accident. According to the relevant judicial interpretations, the crime of causing a traffic accident can be convicted if one of the following circumstances is met:

1 .1 person is killed or 3 or more people are seriously injured, and the person bears full or primary responsibility for the accident;

2 .If there are 3 or more deaths, they bear equal responsibility for the accident.

3 .Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for the amount of 300,000 yuan or more. It should be noted that the amount of more than 300,000 yuan here does not refer to the amount of property damage caused by the accident itself, but to the amount that the perpetrator is unable to compensate.

According to this standard, if the amount of direct property loss is less than 300,000 yuan, or the loss far exceeds 300,000 yuan but is less than 300,000 yuan after compensation, it does not constitute this crime;

4 .A traffic accident that causes serious injury to one or more persons, bears full or primary responsibility for the accident, and has any of the following circumstances: (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 without a license or scrapped; (5) Driving with serious overload; (6) Fleeing the scene of the accident in order to evade legal prosecution.

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.