1, the traffic accident crime has not been prosecuted, and there is no criminal record. If the people's procuratorate decides not to prosecute a traffic accident, it does not need to bear criminal responsibility and will not leave a criminal record. Only those who need to bear criminal responsibility after the judgment of the people's court will have a criminal record. The reason why the traffic accident procuratorate does not prosecute is that the perpetrator's criminal circumstances are minor and the social harm is small, which does not meet the criteria for filing a case. However, the actor should still be liable for compensation for the physical damage caused to the injured party according to law, including compensation for mental damage caused by physical damage caused by traffic accidents.
2. Legal basis: Article 173rd of the Criminal Procedure Law of People's Republic of China (PRC).
When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender or the lawyer on duty, the victim and his agent ad litem, and record them. If the defender or the lawyer on duty, the victim and his agent ad litem put forward written opinions, they shall attach a volume. If a criminal suspect pleads guilty and admits punishment, the people's procuratorate shall inform him of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and listen to the opinions of the criminal suspect, defender or lawyer on duty, victim and his litigation agent on the following matters, and put them on record:
(1) Suspected criminal facts, charges and applicable legal provisions;
(2) Suggestions on a lighter, mitigated or exempted punishment;
(3) Procedures applicable to the trial of cases after pleading guilty and admitting punishment;
(four) other matters that need to listen to opinions.
Second, what is the procedure of traffic accident crime?
1, the court reviews the case;
2. Determine the members of the collegial panel;
3, a copy of the indictment served on the defendant and defender;
4. Understand whether the parties appear in court;
5. The public prosecutor reads the indictment;
6. The defendant made a statement;
7. Investigate and verify the testimony and appraisal conclusion;
8. After the court debate, the collegial panel made comments;
9. pronounce judgment.