1. If a major traffic accident occurs while driving, resulting in the death of more than one person, and the driver is fully or mainly responsible for the accident, it constitutes a traffic accident crime and belongs to a criminal case.
2, the accident caused death, but the driver in the accident secondary responsibility or no responsibility, it does not constitute a crime.
Constitutive elements of traffic accident crime;
1, the subject of the crime, the subject of this crime is the general subject. That is to say, any natural person who is over 16 years old and has criminal responsibility can be constituted.
2, the object of crime, the object of traffic accident crime is transportation safety.
3. Subjective aspect of crime, the subjective aspect of traffic accident crime is negligence, including negligence and overconfidence, which refers to the possible consequences of the actor's illegal behavior.
4. In the objective aspect of crime, the objective aspect of traffic accident crime refers to the act of violating traffic management laws and regulations in transportation activities, causing serious injuries, deaths or heavy losses to public and private property.
The sentencing standard of traffic accident crime is:
1, 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) Causing one person to die or more than three people to be seriously injured, and taking full or main responsibility for the accident;
(2) Causing more than 3 deaths and taking equal responsibility for the accident;
(3) Causing direct losses to public property or other people's property, taking full or major responsibility for the accident and being unable to pay compensation of more than 300,000 yuan.
2, traffic accidents in any of the following circumstances, which belong to "other particularly bad circumstances", shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
(1) Two or more people died or five or more people were seriously injured, and they were totally or mainly responsible for the accident;
(2) more than six people were killed and were equally responsible for the accident;
(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 600,000 yuan.
3. Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Death caused by escape refers to the situation that after a traffic accident, the actor escapes to avoid legal investigation, resulting in the victim's death because he can't get help.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic regulations, resulting in a major accident, causing serious injury, death or 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.
The Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of criminal cases of traffic accidents.
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.