The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents stipulates that a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
Under what circumstances does the procuratorial organ not pursue the criminal responsibility of causing death in traffic accidents? The crime of causing traffic accidents refers to the fact that in a traffic accident, on the premise that one party is seriously injured or killed, the injured party bears the main or full responsibility. If the seriously injured or dead party bears the main or full responsibility, even if it is divided, it does not involve the crime of causing traffic accidents and will not be investigated for criminal responsibility.
If someone dies in a traffic accident, he should bear criminal responsibility. According to the situation, he may be suspected of traffic accident. Whether to pursue criminal responsibility depends on the progress of the case.
Two people are equally responsible for the traffic accident. What is the criminal responsibility of the other party? Suspected of traffic accidents, the sentence is usually about one to two years. Compensation should be based on the accident responsibility, the deceased's household registration, age, and the specific judgment of the supporter. It is recommended to entrust a lawyer to handle it.
How to deal with the death caused by a traffic accident, unable to pay compensation and unable to pursue the criminal responsibility of the other party? This question is very difficult. From the analysis of the topic, legally speaking, it is the administrative inaction of the public power department. In reality, you encounter a hidden rule, or the perpetrator bears secondary responsibility.
According to the law, if a traffic accident causes death, the main responsible person will be sentenced to 1 to 3 years in prison. Those who actively compensate and obtain the understanding of their families may be given a lighter criminal punishment as appropriate, but it does not mean that the punishment must be mitigated.
If the other party is of secondary responsibility, there is no need to bear criminal responsibility. But no matter what responsibility the other party bears, as long as it does not compensate, it can sue the other party to the court. If compensation is still not paid after the judgment, it may apply to the court for compulsory execution.
Two people were killed in a traffic accident. Are they criminally responsible? No, they're not.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases clearly stipulates the starting penalty of traffic accident crime. No matter how many people are killed or seriously injured, it is necessary to bear all or major responsibility or equal responsibility for the accident.
Article 2 of the judicial interpretation stipulates that traffic accidents, in any of the following circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
Can the driver be investigated for criminal responsibility if a traffic accident causes death?
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases
Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
According to the traffic police's on-site investigation, if the vehicle involved is mainly responsible or fully responsible, it will constitute a traffic accident crime, and the traffic police will turn it into a criminal case and investigate the criminal responsibility of the driver involved.
I hope my answer can satisfy your question-provided by lawyers of Hubei Yanda Law Firm.
This depends on the specific situation, mainly on how much responsibility the driver bears in the accident.
Call the police immediately after the accident. After the traffic police investigate the scene, they will divide the responsibilities and issue a certificate of responsibility for the accident. If the traffic police determine that the driver has the same or more responsibilities in the accident, then the driver who caused the accident will bear the corresponding criminal responsibility.
You'd better explain the accident clearly and then everyone will help you analyze it.
Under what circumstances can a traffic accident cause death? According to Article 133 1 of the Criminal Law, anyone who violates traffic rules and thus has a serious accident, causing serious injury or death to others or heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
In addition, according to the first paragraph of Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
To sum up, a person who is fully or mainly responsible for a traffic accident needs to bear criminal responsibility.
Three people were killed in the traffic accident, and they were responsible for it. Is there any criminal responsibility? In the traffic accident that caused three deaths, whether the driver bears criminal responsibility depends on what kind of responsibility the driver bears in the identification of traffic accident responsibility.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents stipulates that a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;