Problem description:
I have a relative 1998 who killed two people with his car. One is in his thirties and the other is in his forties. They are both men. I was in a panic after the accident because I didn't read any books. In addition, the surrounding farmers said they would kill two people, so they dared not escape until they were caught in Guangzhou in recent days.
My relatives come from the countryside. My father is over 60 years old. He has been ill in bed for a long time. He has two children. Wife/kloc-divorced in 0/997, no property. Both victims are from the countryside. The place is Suining, Sichuan. I would like to ask you, in this case, how many years may be sentenced and how much compensation will be paid, according to the standard of 1998 or the compensation standard when arrested in 2006? If compensation is raised before the judgment, will it be given a lighter sentence? If there is no money, how will the court judge? Thank you all.
Analysis:
"Procedures for Handling Traffic Accidents" Article 45 After investigation, the traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their actions in the traffic accidents and the severity of their faults:
(a) traffic accidents caused by one party's fault, take full responsibility; If the parties escape, resulting in changes in the scene and loss of evidence, and the traffic management department of the public security organ cannot verify the facts of the traffic accident, the escaping parties shall bear all the responsibilities; If a party intentionally destroys, forges the scene or destroys evidence, it shall bear full responsibility;
Article 48 The traffic administrative department of the public security organ shall, in accordance with the Administrative Punishment Law of the People's Republic of China, the Road Traffic Safety Law of the People's Republic of China and its implementing regulations and other laws and administrative regulations, apply the Procedures for Handling Administrative Cases by Public Security Organs and the Procedures for Handling Road Traffic Safety Violations, and punish the parties for their road traffic safety violations.
If the party concerned is punished by withholding the motor vehicle driver's license, one day's detention shall be deducted within the period of withholding. If the motor vehicle driver's license has not been withheld or revoked, the detained motor vehicle driver's license shall be returned.
Article 49 If a serious traffic accident constitutes a crime and it is necessary to revoke the motor vehicle driver's license of the party concerned, the traffic administrative department of the municipal public security organ with districts shall make a decision on the punishment of revoking the motor vehicle driver's license before transferring the case. The traffic administrative department of the public security organ will revoke the detained motor vehicle driver's license, store it in the traffic accident file, and transfer the Notice of Public Security Traffic Management to the vehicle management office where the motor vehicle driver's license is issued, and the vehicle management office where the motor vehicle driver's license is issued will cancel its motor vehicle driver's license. If the traffic accident escapee is punished by revoking the motor vehicle driver's license, the vehicle management office of the place where the motor vehicle driver's license is issued will record the decision that he shall not re-obtain the motor vehicle driver's license for life in the national public security traffic management information system. Those who bear major or equal responsibilities shall be sentenced. Of course, the issue of compensation is determined according to the principle of fault liability and the Judicial Interpretation of Several Issues Concerning Personal Injury Compensation of the Supreme Court. Looks like your friend is in big trouble. It is suggested to entrust a professional criminal defense lawyer to intervene as soon as possible to provide legal help and defense.
I will give you the relevant regulations below, which will help you.
the Supreme People's Court
Interpretation of some problems about the specific application of law in the trial of traffic accident criminal cases
(the Supreme People's Court Judicial Committee adopted Interpretation [2000] No.33 at its136th meeting on 10, 2000).
In order to punish traffic accident-causing criminal activities according to law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in the trial of traffic accident-causing criminal cases are explained as follows:
Rule number one. Personnel engaged in transportation or non-transportation who violate traffic rules and have a major traffic accident shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law on the basis of distinguishing the responsibility for the accident.
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.
Article 3 Escaping after a traffic accident refers to the behavior of the perpetrator who escapes from legal investigation after a traffic accident under any of the circumstances specified in the first and second paragraphs (1) to (5) of Article 2 of this Interpretation.
Article 4 If a traffic accident occurs in any of the following circumstances, it shall be deemed as "having other particularly bad circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
(a) causing two or more deaths or five or more serious injuries, and taking full or main responsibility for the accident;
(2) An accident in which more than six people died and were equally responsible;
(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 600,000 yuan.
Article 5 "Death caused by escape" refers to the situation that after a traffic accident, the perpetrator fled in order to avoid legal investigation, resulting in the victim's death due to lack of assistance.
After a traffic accident, if the person in charge of the unit, the owner of the motor vehicle, the contractor or the passenger instigates the perpetrator to escape, resulting in the victim's death due to lack of assistance, it shall be punished as the * * * offender of the traffic accident crime.
Article 6 Where an actor hides or abandons the victim after a traffic accident to avoid legal investigation, resulting in the death or serious disability of the victim, he shall be convicted and punished for intentional homicide or intentional injury in accordance with the provisions of Article 232 and Article 234, paragraph 2, of the Criminal Law respectively.
Article 7 If the person in charge of a unit, the owner of a motor vehicle or the motor vehicle contractor instigates or forces others to drive illegally, thus causing a major traffic accident, he shall be convicted and punished for the crime of causing traffic accidents under one of the circumstances specified in Article 2 of this Interpretation.
Article 8 A major traffic accident within the scope of public traffic management shall be handled in accordance with Article 133 of the Criminal Law and the relevant provisions of this Interpretation.
Whoever drives a motor vehicle or uses other means of transportation outside the scope of public transportation management to cause casualties or heavy losses to public property or other people's property, which constitutes a crime, shall be convicted and punished in accordance with the provisions of Articles 134, 135 and 233 of the Criminal Law respectively.
Article 9 The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to local conditions, determine the threshold amount standards for implementing Item (3) of Paragraph 1 of Article 2 and Item (3) of Article 4 of this Interpretation within the range of 300,000 yuan to 600,000 yuan and 600,000 yuan to/kloc-0,000 yuan, and report them to the Supreme People's Court for the record.