I. Nature and consequences of hit-and-run behavior
Hit-and-run refers to the behavior that the parties flee the scene to avoid legal responsibility after a traffic accident. This behavior not only seriously damages the rights and interests of the victims, but also undermines traffic order and social security. Therefore, the law severely punishes the hit-and-run behavior.
Second, the difference between administrative detention and criminal detention
Administrative detention is an administrative punishment measure for those who violate the administration of public security. The term is generally within 10 days, and the longest is not more than 15 days. Criminal detention, on the other hand, is a compulsory measure for people suspected of committing crimes, aiming at preventing criminal suspects from evading investigation, prosecution and trial. The term of criminal detention is long and may be extended with the progress of the case.
Three. Determinants of Hit-and-Run Detention
Many factors need to be considered when judging the nature of the detention of escaping from traffic accidents, including the degree of damage caused by the accident, the subjective malice of the escapee, whether it involves other criminal acts, etc. If the hit-and-run behavior has not caused serious consequences, and the escaper actively cooperates with the investigation, he may only be punished by administrative detention; However, if serious consequences are caused or the escapee has a bad attitude and is involved in other criminal acts, he can be detained in criminal detention.
Four, the legal procedure of traffic accident escape detention
Both administrative detention and criminal detention must follow legal procedures. After investigation and evidence collection, the public security organ shall put forward suggestions on detention according to the facts and report them to the person in charge of the public security organ at or above the county level for approval. During the period of detention, the rights of escaped persons are protected by law, such as the right to apply for bail pending trial and to apply for a lawyer's interview.
To sum up:
The nature of hit-and-run detention depends on the circumstances and severity of a specific case. For minor hit-and-run behavior, you may be punished by administrative detention; For serious hit-and-run behavior, you may be criminally detained. When dealing with such cases, legal procedures should be strictly followed to ensure that the legitimate rights and interests of fugitives are protected.
Legal basis:
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 16 stipulates:
If there are more than two kinds of violations of public security management, they shall be decided separately and executed jointly. Combined with administrative detention punishment, the longest shall not exceed twenty days.
Criminal Procedure Law of the People's Republic of China
Article 82 provides that:
The public security organ may detain an active criminal or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.