According to the Regulations on Handling Procedures of Traffic Accidents (Order No.70 of the Ministry of Public Security), "hit-and-run" refers to the behavior of the parties to a traffic accident who drive or abandon their vehicles to escape from the scene of the traffic accident in order to avoid legal investigation. -
The constitutive conditions of hit-and-run mainly include:
(1) The actor knows that he caused the traffic accident, that is, the actor must know that his behavior caused the traffic accident when he escaped, which is the subjective cognitive factor of the actor.
If the actor leaves the scene without realizing the traffic accident, it cannot be considered as "escaping after the traffic accident".
(2) Subjectively, it is to avoid accident responsibility and legal investigation;
In practice, most of the purpose of the perpetrators' escape is to "escape from legal investigation", but a few people escape for other purposes, such as fear of being beaten by relatives and friends of the victims and other onlookers.
These people often flee the scene and quickly accept legal treatment by reporting to the leaders or calling the police.
Obviously, these people are much less subjective and vicious, so they should be distinguished when they are identified, so as to ensure the accurate application of the law and not to be wasted or vertical.
(3) Objectively implemented the behavior of fleeing from the scene of the accident and not reporting to the public security organ.
Second, how to identify the hit-and-run behavior:
1. Knowing that a traffic accident occurred, the parties involved in the traffic accident fled the scene of the accident by driving or abandoning their cars;
2. The parties to a traffic accident think that they are not responsible for the accident and drive away from the scene of the accident;
3. The parties involved in a traffic accident are suspected of drunk driving and driving without a license, fail to perform the obligation of waiting on the spot after reporting the case, and abandon the car and return after leaving the scene of the accident;
5. Although the parties to the traffic accident sent the injured to the hospital, they left the hospital after leaving a false name, address and contact information for the injured or their families;
Extended data:
Hit-and-run refers to the behavior that the perpetrator evades legal investigation after a traffic accident.
According to the criminal law, 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 causes death by escaping from a traffic accident shall be sentenced to fixed-term imprisonment of not less than seven years.
On 20 14, 12, 15, the Ministry of Public Security issued the Regulations on Handling Procedures of Road Traffic Accidents (Draft for Comment), which is now open to public comments on 20 15 and 15.
The opinion draft adjusted the procedures of personal injury accident investigation and appraisal opinion review, and divided road traffic accidents into property loss accidents, personal injury accidents and death accidents. Traffic police who deal with different accidents should have different qualifications.
The opinion draft also clarified that three kinds of injuries can be dealt with quickly.
There are three aspects of the composition of escape after traffic accidents:
(1) Subjective aspect: Subjective aspect refers to the subjective motivation of the actor, and the motivation to escape after a traffic accident is generally to evade rescue obligations and avoid 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.
(2) Objectively speaking, the escape behavior after a traffic accident must comply with the law.
Behavior is an escape behavior based on the five situations explained by the Supreme Court.
This can make it clear that escaping after a traffic accident is stipulated as an aggravating circumstance of the crime of traffic accident.
(3) The spatial elements of escape behavior after a traffic accident, that is, whether the behavior is limited to "fleeing from the scene of the accident".
Although the perpetrator did not escape from the scene after the traffic accident (some of them could not escape), he fled for fear of sin after sending the injured to the hospital or waiting for the traffic police department to deal with them.
Although both subjective and objective aspects conform to the composition of escape behavior after traffic accidents, they should also be severely punished by law.
References:
Baidu encyclopedia-hit and run