Legal analysis
Not all hit-and-run accidents should be criminally liable. In the absence of death, criminal responsibility should be assumed only under one of the following circumstances: the party responsible for the accident is above the main responsibility, and the party responsible for the accident has drunk driving, driving without a license, driving an unlicensed vehicle, knowing that the technical indicators of the vehicle are unqualified, and still driving on the road, and the victim's injury must be above serious injury. In violation of road traffic regulations, a major traffic accident occurs, resulting in serious injuries, deaths or heavy losses of public and private property, which constitutes a traffic accident crime and drunk driving is also sentenced. If the other party constitutes a crime of causing traffic accidents, it is the procuratorate that shall be investigated for criminal responsibility, but it is ultimately up to the court to decide. Injury identification is generally done by the traffic police brigade. If it constitutes a serious injury, you can also do disability grade appraisal and calculate the amount of compensation. The identification of disability grade is inconsistent with the identification of injury, mainly because the applicable standards are different. The level of disability needs to be used for civil compensation; Injury needs to determine the nature of the case (whether it is administrative or criminal). Generally speaking, level 10 disability is unlikely to constitute disability or serious injury. If it is identified as a serious injury, it is suspected of traffic accident.
legal ground
Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic laws and regulations, thus causing serious accidents, causing serious injuries or deaths or causing heavy losses to public or 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. Article 133 (1) Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined: (1) Chasing for racing and the circumstances are vile; (two) drunk driving a motor vehicle; (three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed; (4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety. Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment. Article 133 bis Whoever uses violence against the driver of a moving public transport or seizes the driving control device to interfere with the normal operation of public transport and endanger the safety of public transport shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also, or shall only, be fined. If the driver of the preceding paragraph leaves his post without permission on public transport, fights with others or beats others, thus endangering the safety of public transport, he shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.