(1) If a car kills a person, which constitutes a traffic accident, the suspect will be sentenced to fixed-term imprisonment of not more than three years or criminal detention by the people's court;
(2) Whoever escapes after an accident in transportation shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
(3) Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
What kind of traffic accident will constitute a crime?
Traffic accidents constitute a crime, and the following conditions must be met:
1. If one person is killed or more than three people are seriously injured, he shall be fully or mainly responsible for the accident;
2, more than three people died, bear the same responsibility for the accident;
3, causing direct losses to public property or other people's property, bear all or the main responsibility for the accident, the amount of compensation does not exceed 300 thousand yuan;
4. Seriously injured more than one person, who is fully or mainly responsible for the accident, and has one of the following circumstances, shall be convicted and punished for the crime of traffic accident, including driving a motor vehicle after drinking or taking drugs; Driving a motor vehicle without driving qualification; Driving a motor vehicle knowing that the safety device is incomplete or the safety components are faulty; Knowingly driving an unlicensed or scrapped motor vehicle; Seriously overloaded driving; Escape from legal investigation and escape from the scene of the accident.
What are the constitutive elements of the crime of causing traffic accidents?
1, the object of traffic accident crime. Refers to the major traffic safety that is protected. Because only those who cause traffic accidents and cause great consequences constitute the crime of traffic accidents. If it is only a traffic accident, it does not cause significant consequences, it does not constitute a traffic accident crime, nor is it a protected social relationship, and it cannot constitute the object of the traffic accident crime;
2. The objective aspect of the crime of causing traffic accidents is that the perpetrator violates traffic management laws and regulations, causing serious injuries, deaths or heavy losses to public and private property;
3. The subject of traffic accident crime is the general subject, that is, a natural person who has reached the age of 16 and has the ability of criminal responsibility. In fact, people are mainly engaged in transportation. /kloc-people under 0/6 years old and/kloc-people over 0/4 years old drive motor vehicles, causing major accidents, whether the crime of traffic accidents is established;
4. The subjective aspect of traffic accident crime is negligence. Neglect and overconfidence are both valid. The negligence emphasized by the traffic accident crime refers to the psychological attitude of the actor towards the serious consequences of the accident. As for the duty of care in violation of traffic management regulations, it can be either knowingly committed or negligent, which does not affect the establishment of the traffic accident crime. If the perpetrator subjectively holds a deliberate psychological attitude towards the serious consequences caused by his behavior, then the behavior should be punished with related crimes such as intentional injury and intentional homicide, which does not constitute a traffic accident crime.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 133 of the Criminal Law of People's Republic of China (PRC)
The crime of causing traffic accidents violates traffic laws and regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and 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.