Whether to go to jail or not depends on whether it constitutes a traffic accident crime. Those who constitute a crime may go to jail. Among them, whether the death caused by traffic accidents constitutes the crime of causing traffic accidents depends on whether it violates traffic management regulations. If it is not caused by violation of regulations, it is only a traffic accident, which does not constitute a crime.
If there is no violation of traffic regulations, there is no need to sentence. Traffic accident death compensation items are as follows:
1, death compensation. Generally speaking, death compensation should be based on the net income of urban residents and rural residents in the previous year of the local court, which is generally calculated as 20 years. However, if the deceased is over 60 years old, the amount of compensation will be reduced by one year for each additional year. If the deceased is over 75 years old, it will be directly calculated as 5 years.
2. Compensation for funeral expenses. Generally, the salary of local employees for six months shall prevail;
3. If the deceased is under the age of 18, the actor shall also compensate his dependents. Under the age of 18, it is calculated as 20 years. If the deceased has reached the age of 60, each additional year will be reduced by one year.
According to the number of victims and the specific situation, as well as the accident responsibility and other factors.
Generally speaking, killing a person who is fully responsible is generally sentenced to fixed-term imprisonment of not more than three years, but if there is escape or other bad circumstances;
It can be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If a traffic accident causes death, it can be sentenced to fixed-term imprisonment of not less than seven years.
Do you want to go to jail for murder?
1, depends. If the actor is mainly or wholly responsible for the accident, it constitutes a crime of causing traffic accidents and bears criminal responsibility. If a major accident occurs, causing serious injury or death to people or causing heavy losses to public or private property, he 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. 2. If the perpetrator does not bear the main or full responsibility for the accident, he has no criminal responsibility and will not be sentenced. Regardless of whether the perpetrator is sentenced or not, he should bear the corresponding civil liability according to the responsibility identified by the traffic police.
Do you want to go to jail for driving and killing someone?
According to Article 133 of China's Criminal Law, whoever violates traffic laws and regulations, resulting in 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; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years. If the driver kills someone without fault, the driver doesn't need to take full responsibility and have no criminal responsibility, so he doesn't need to go to jail, but he should take the corresponding responsibility seriously.
Do you have to go to jail for running a red light and killing someone?
Whoever runs a red light and kills a person and bears the main or full responsibility for the accident constitutes a crime of causing traffic accidents, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention according to the provisions of the Criminal Law. In case of a traffic accident, if one of the following circumstances occurs, 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.
Do you have to go to jail for driving and killing people normally?
Whether driving normally and killing a person constitutes a crime or imprisonment depends on the accident responsibility determination of the traffic police department.
If the driver is found to be fully or mainly responsible for the accident, it constitutes a crime of causing traffic accidents and should be investigated for criminal responsibility according to law. Those who bear secondary responsibility shall not be investigated for criminal responsibility.
The accident certificate of hit-and-run is issued by the traffic management department of the public security organ.
The traffic administrative department of the public security organ shall, according to the on-site inspection, inspection, investigation and relevant inspection and appraisal conclusions of the traffic accident, make a traffic accident identification in time as evidence for handling the traffic accident. The traffic accident certificate shall state the basic facts, reasons and the responsibilities of the parties, and shall be served on the parties.
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, if one person dies or seriously injures more than three people, he shall bear all or main responsibility for the accident;
2, more than three people died, the negative accident is the same as Mairen;
3. Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
In case of a traffic accident, if one of the following circumstances occurs, 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:
1, two or more people were killed or five or more people were seriously injured, and they were totally or mainly responsible for the accident;
2, more than six people died, the accident also suffered heavy losses;
3. Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and unable to compensate for the amount of more than 600,000 yuan.
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.