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.