The plot of traffic accident crime generally refers to:
(1) Causing one person to die or more than three people to be seriously injured, and taking full or main responsibility for the accident;
(2) Causing more than 3 deaths and taking equal responsibility for the accident;
(3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident and unable to pay compensation of more than 300,000 yuan;
(four) driving a motor vehicle after drinking and taking drugs, causing serious injuries to more than one person, and bearing all or the main responsibility for the accident;
(five) driving a motor vehicle without driving qualification causes serious injuries to more than one person, and bears all or the main responsibility for the accident;
(six) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order, causing serious injuries to more than one person and bearing all or the main responsibility for the accident;
(7) Driving with knowledge of unlicensed or scrapped motor vehicles, causing serious injuries to more than one person, and taking full or main responsibility for the accident;
(8) Serious overload driving causes serious injuries to more than one person, and bears all or the main responsibility for the accident.
In the crime of causing traffic accidents, is escape an incriminating circumstance or an aggravating circumstance? Is a person seriously injured or slightly injured? If it is a serious injury, plus the crime of causing a traffic accident when fleeing, I personally think that if it is a serious injury, it will constitute a traffic accident crime and will not be treated with aggravating circumstances. If it is a minor injury, it does not constitute a traffic accident in criminal law, but an ordinary traffic accident, which is not so serious.
How to identify the crime of traffic accident as a negligent crime according to the circumstances of surrender? The criminal law stipulates three levels of statutory punishment from the perspective of subjective malignancy and objective behavior of crime. Article 133 of the Criminal Law stipulates: "Whoever violates traffic regulations and thus causes a major accident, causing serious injury, death 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; If death is caused by escape, he shall be sentenced to fixed-term imprisonment of more than seven years. "
How to determine the plot of surrender of traffic accident crime Generally speaking, surrender can be carried out before the relevant departments take measures.
Those who protect the scene after a traffic accident, rescue the injured, report the traffic accident to the public security organ, admit their own accident and truthfully confess shall be deemed to have surrendered.
The difference between traffic accident crime and general traffic accident behavior. Traffic accident crime is a serious negligence accident and a criminal's behavior.
General traffic accidents are only general negligence accidents and common administrative violations.
How to determine the plot standard of traffic accident crime is based on the provisions of Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases:
First, traffic accidents, in any of the following circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention: (1) causing one death or serious injuries to more than three people, and bearing all or major responsibilities 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.
Two, traffic accidents caused more than one serious injury, bear all or the main responsibility for the accident, and has one of the following circumstances, convicted and punished for traffic accidents:
(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.
The subject of traffic accident crime refers to the person who engages in traffic accident behavior.
That is, any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute it. The subject cannot be understood as working in the above transportation department.
traffic viloation
All personnel can not be understood as drivers of trains, cars, trams, ships, planes and other means of transportation, but as all personnel directly engaged in transportation business and ensuring transportation and non-transportation personnel.
Specifically, transportation personnel include the following four types of personnel engaged in transportation:
(1) Drivers of vehicles, such as trains, cars and trams.
(2) Operators of traffic equipment, such as switchmen, patrolmen and crossing guards.
(3) Direct leaders and commanders of transportation activities, such as captains, pilots, dispatchers, etc.
(4) Traffic safety management personnel, such as traffic supervisors and traffic policemen. Their duties are directly related to transportation, and once they are not properly performed, they may cause major traffic accidents.
Non-transportation personnel who command in violation of regulations, such as non-drivers driving in violation of regulations, have a major accident in transportation and cause serious consequences, which also constitutes the subject of this crime. The Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Theft Cases pointed out that "driving a car, intentionally killing, injuring or damaging a vehicle, which constitutes other crimes, shall be punished according to the crime of causing traffic accidents". This explanation shows that non-transportation personnel constitute the crime of causing traffic accidents, and accidents do not necessarily occur during transportation.
There is no escape in the crime of causing traffic accidents, which should be determined according to the results. If there is death or serious injury, it may be more serious.
How to judge the crime of causing traffic accidents According to Article 133 of the Criminal Law of People's Republic of China (PRC), if a major accident occurs, causing serious injuries, deaths or heavy losses to public or private property, it 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.
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.
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.
Lawyer Zhou, traffic accident lawyer, doctor of law, senior professional lawyer in Kunming. Long-term handling of civil and criminal cases of traffic accidents, safeguarding the legitimate rights and interests of the parties, has achieved good results in handling cases, and has been recognized and praised by the parties, saving huge economic losses for the parties. Employed as company, * * *, personal legal adviser.
Zhou can be described as a "scholar lawyer" with fruitful academic achievements. He has published more than ten academic papers in core journals such as China Soft Science, Economic System Reform, Exploration of Economic Problems and social sciences in yunnan. Representative papers include: Guarantee Mechanism of Science and Technology and Financial Development, Discussion on Several Issues of Financial Supervision Right, National Supervision of Rural Financial System in China, Weakening and Correction of Fair Value of Economic Law in Individual Income Tax Law, etc.
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