1. If a traffic accident causes death, are you criminally responsible?
1. Deaths caused by traffic accidents cannot be compensated. If you are the main person responsible for the accident, you will be treated as a traffic accident.
2. Article 133 of the "Criminal Law of the People's Republic of China" stipulates that anyone who violates traffic regulations, causes a major accident, causes serious injury or death, or causes heavy losses to public or private property shall be sentenced to not more than three years in prison. Fixed-term imprisonment or criminal detention; whoever escapes after a traffic accident or has other particularly serious 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 Laws in the Trial of Criminal Cases of Traffic Accidents" stipulates that anyone who causes a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
< p>(1) One person died or three or more people were seriously injured, and they were fully or mainly responsible for the accident;(2) An accident that caused the death of three or more people, and they were equally responsible;
< p>(3) Causing direct losses to public property or other people's property, bearing full or major responsibility for the accident, and being unable to compensate for an amount exceeding 300,000 yuan.If a traffic accident causes serious injuries to one or more people, who is fully or mainly responsible for the accident, and falls under any of the following circumstances, he will be convicted and punished for the crime of traffic accident:
(1) After drinking or taking drugs Driving a motor vehicle;
(2) Driving a motor vehicle without driving qualifications;
(3) Knowingly knowing that the safety devices are incomplete or faulty;
< p>(4) Knowingly knowing that the vehicle is an unlicensed or scrapped motor vehicle;(5) Driving with a serious overload;
2. Liability determination
Traffic Are you criminally responsible for causing death?
The following sixteen situations are usually considered to be solely responsible:
1. Rear-end collision of the vehicle in front;
2. Lane changing accident;
3. A traffic accident occurs after reversing or rolling away;
4. A collision occurs when driving from an off-road or non-motorized lane into a motorway;
5. When there is a green light or Vehicles turning at intersections without signal lights are not allowed to go straight;
6. Vehicles entering the roundabout are not allowed to leave or drive on the roundabout;
7. Accidents crossing the road center line or separation line ;
8. Driving in the opposite direction;
9. A traffic accident occurred when overtaking on the right;
10. Overtaking, make a normal U-turn, turn left, and overtake the vehicle in front. Collision;
1. Traffic accidents at red lights;
12. Traffic accidents at crosswalks, bridges, steep slopes, and tunnels where U-turns are prohibited;
13. Collision with a vehicle that can be temporarily impounded or parked according to law;
14. Traffic accidents caused by opening and closing car doors;
15. When a motor vehicle enters or exits a parking lot or parking space, it is incompatible with a normal driving vehicle Vehicle accident;
16. Unilateral traffic accident.
(2) If a road traffic accident occurs due to the fault of more than two parties, the parties shall bear primary liability, equal liability and secondary liability respectively according to the role of their actions in the accident and the severity of the fault. ; (3) If a road traffic accident occurs without the fault of the parties concerned and it is a traffic accident, the parties concerned are not responsible.
If one party intentionally causes a road traffic accident, the other party will not be held liable.
Provincial public security organs may formulate specific rules or standards for determining liability for road traffic accidents in accordance with relevant laws and regulations.
To sum up, the crime of traffic accident is legally recognized as the crime of traffic accident. It is important to realize that the crime of traffic accident is when a person is disabled because of a violation of traffic rules. If the person escapes again, the situation will be more serious. The above is an introduction to legal liability for death caused by traffic accidents. If you have other relevant suggestions, please consult a professional lawyer.
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