Two, a traffic accident caused one death, all or the main responsibility for the accident, constitutes a traffic accident crime.
Relevant laws and regulations:
1. Article 133 of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who violates the traffic and transportation management regulations, resulting in a major accident, causes serious injury or death or causes 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.
Two. 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.
How long does it take for the judicial appraisal to be a minor injury after beating others? Legal problem: my friend was beaten by others, and the appraisal result was minor injury. How long will it take to arrest people? What is the specific plan? (Lawyer Call Center invites Wuhan lawyer to answer this question for you) Lawyer Zhao: The public security organ can detain the suspect if it is identified as minor injury. After the arrest of Pu with the approval of the procuratorate, the court will judge the criminal responsibility of the defendant. Lawyer Wang: It depends on the evidence, whether it meets the conditions of criminal detention. Related knowledge-how to calculate the time of criminal detention? The time of criminal detention shall be counted from the date of execution of detention. If the time for bringing the criminal suspect back to the public security organ has restricted his personal freedom, it shall be counted in the detention period. According to Article 106 of the Procedures for Handling Criminal Cases by Public Security Organs, if a criminal suspect is detained, he shall fill out a detention application report and issue a detention certificate with the approval of the person in charge of the public security organ at or above the county level. When carrying out detention, a detention certificate must be produced, and the detainee is ordered to sign (seal) the detention certificate. If the detainee refuses to sign (seal) or fingerprint, the investigator shall indicate it. Those who meet the statutory conditions and cannot go through the detention formalities due to emergency shall go through the legal formalities immediately after taking the suspect to the public security organ.
The rib fracture was identified as a minor injury, and how to compensate for the minor injury caused by fighting has been suspected of intentional injury and should be sentenced to fixed-term imprisonment of not more than three years. And compensation for treatment costs, lost time, nursing costs, transportation costs and other losses.
How to judge the injury caused by knife entry as minor injury? If it is determined to be slightly injured or more, it constitutes a crime of intentional injury. According to the law, it is fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Those who enter the room will be severely punished. If the criminal suspect and the victim reach a compensation agreement and obtain the understanding of the victim, the judicial organ may give a lighter, mitigated or exempted criminal punishment.
Legal basis:
Article 234 of the Criminal Law Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Chapter II of Criminal Law: Litigation Procedure of Public Prosecution Cases with Parties Reconciliation
Article 277 In the following cases of public prosecution, the criminal suspect or defendant sincerely repents by means of compensation for losses or apology, and obtains the understanding of the victim. , and the victim voluntarily reconciled, both parties can reconcile:
(a) due to a civil dispute, suspected of criminal cases stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than three years;
(two) criminal cases of negligence other than dereliction of duty that may be sentenced to fixed-term imprisonment of not more than seven years.
If a criminal suspect or defendant intentionally commits a crime within five years, the procedures specified in this chapter shall not apply.
Article 278 If both parties reach a settlement, the public security organ, the people's procuratorate and the people's court shall listen to the opinions of the parties and other relevant personnel, examine the voluntariness and legality of the settlement, and preside over the making of a settlement agreement.
Article 279 The public security organ may make suggestions to the people's procuratorate for leniency in cases where a settlement agreement is reached. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.
That depends on the purpose. Anyone who enters the room with a knife alone shall be punished as intentional injury (if the subjective purpose is to kill or rob, it shall be punished as intentional homicide and robbery). This punishment is very heavy because it is burglary. The crime of intentional injury can cause minor injuries for six months to six months a year.
How many years can personal injury be judged as minor injury? Thank you for minor injuries, usually within 3 years, mainly depending on compensation, which is helpful for sentencing.
Excuse me, how should an old man in his 60 s fight and identify intentional injury as minor injury? How many judgments are there? The adjustment requires the elderly to pay medical expenses, lost time, escort fees, and future support and reconciliation fees, depending on the degree of apology and injury. If he has passed the police station, he will have to pay the adjustment fee from 200 yuan to 500 yuan.
If it is not an individual, the elderly will have to pay medical expenses and be detained 15 days to 3 years (depending on the injury). If the old man refuses to pay the money, he can extend the detention time until he pays the money.
Now it is initially identified as a minor injury. How should I measure it?
1. If it constitutes a minor injury or more, the hitter is suspected of intentional injury and shall be investigated for criminal responsibility according to law. Be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
2. If the injury is identified as minor injury, only civil compensation can be demanded, and the victim can directly sue the court for personal injury compensation; At the same time, you can ask for administrative punishment.
3. After the public security organ files a case, the victim can also file a criminal incidental civil action for compensation. Of course, you can also directly sue the court for personal injury compensation.
4. The items of personal injury compensation include: medical expenses, nursing expenses, lost time, hospital food subsidies, nutrition expenses, transportation expenses, disability compensation, mental damages, etc.
If accused of attempted murder and intentional injury, the teacher's method is identified as minor injury, how to judge and how to compensate? If the circumstances of attempted murder are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If both parties reach a compensation agreement and get the understanding of the parties, the punishment may be mitigated.
Lawyer Liang Guang of Zongheng Lawyers Network
When two people fall in love and fight, they are considered as minor injuries and take the initiative to ease the atmosphere. Try it ~ eat more radishes for ventilation, have a good attitude, and the most important thing is! Ok ~ haha!