Do you need to go to jail if you die in a traffic accident?

If a traffic accident results in death, you need to go to jail. Because the death of a person in a traffic accident constitutes the crime of causing a traffic accident, it shall be handled in accordance with the circumstances. Specifically:

1. Where a traffic accident causes death and bears primary or full responsibility, a sentence of up to three years imprisonment or short-term detention is to 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 as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

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.

Legal basisArticle 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.

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 the party does not violate traffic laws and the accident causes the death of the other party, it does not need to bear criminal liability, but only needs to bear civil compensation or compensation liability; If the person violates the traffic law and causes the death of the victim, it constitutes the crime of causing a traffic accident, and it is necessary to bear criminal responsibility and go to prison to enforce the punishment.

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.

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: 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.

Compensation is also required for death in traffic and imprisonment. Traffic fatalities are subject to criminal liability and civil liability, of which imprisonment is criminal liability, and state compensation is civil liability. Both are both, and it is not that criminal liability does not mean that civil liability is not required.

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 the sale of public or private property or hail 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 on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" provides that a person who causes a traffic accident in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention: (1) one person dies or three or more persons are seriously injured in a sail, and 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 for an amount of 300,000 yuan or more.

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.

Answer: Death caused by traffic accident Huihe needs to go to jail, and death caused by traffic accident is suspected of traffic accident. where this crime is committed, the perpetrator 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 the death of Tachibana and others 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 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 up to three years imprisonment or short-term detention; Where a person escapes after the accident or has other especially heinous circumstances, he 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.

Whether or not to go to jail for death caused by a traffic accident is generally decided on a case-by-case basis

1. If the driver of a motor vehicle hits and kills someone under normal driving conditions, such as an accident, he will not be sentenced; Although the act objectively caused a harmful result, it is not a crime if it is not caused by intent or negligence, but is caused by irresistible or unforeseeable reasons;

2. If the driver violates traffic and transportation management regulations, hit-and-run or has other particularly heinous circumstances after a traffic accident, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

3. If the driver violates the traffic and transportation management regulations and causes a major accident, causing serious injury or death or causing major losses to public or private property, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

The circumstances in which a sentence of up to three years imprisonment or short-term detention is to be imposed:

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

2. If three or more people die, they are equally responsible 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 more than 300,000 yuan.

Where a traffic accident causes serious injury to one or more persons, and bears all the reputation 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. Driving a motor vehicle knowing that the whole device of the safety section is incomplete or the safety mechanism is out of order;

4. Knowingly driving a motor vehicle without a license or scrapped;

5. Driving with serious overload;

6. Fleeing the scene of an 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 regulations on the management of traffic and transportation, thereby causing 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.