How to judge a hit-and-run

The identification of escaping after a traffic accident, first of all, the prerequisite for escaping after a traffic accident is "escaping from legal investigation". Secondly, escaping after a traffic accident is not limited by time and place, and should not be just understood as "fleeing from the scene of the accident". After a traffic accident, if the injured person escapes after being sent to the hospital or waiting for the traffic management department to deal with it, it should also be considered as "escaping after a traffic accident".

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The motive of escaping after a traffic accident is generally to avoid the obligation of rescue and accountability. This kind of motivation is a positive psychological activity. Although the crime of causing traffic accidents is a negligent crime, it has direct intentional behavior only in terms of escape behavior. Therefore, only when the actor knows about the accident and has the intention to escape directly can he escape after the traffic accident.

Because subjectively speaking, it is very small in criminal malice, which is caused by fear of the consequences on the spot. But there is no doubt that its escape behavior is directly and intentionally caused. Therefore, in any case, the actor must know that his behavior caused a traffic accident when he escaped, which is a subjective problem of the actor.