First, there is no illegal act, causing death in an accident;
Second, violation of traffic laws and regulations, resulting in traffic accident death.
First, there is no illegal act of killing a person, which can only be regarded as a traffic accident and does not bear criminal responsibility!
Of course, although such traffic accidents do not involve criminal proceedings and will not be sentenced, they may face civil disputes and humanitarian compensation.
According to the provisions of Article 76 of the Road Traffic Safety Law, if a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory third-party liability insurance for motor vehicles; The insufficient part shall be liable for compensation in accordance with the following provisions: (2) If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation not exceeding 10%. The loss of traffic accidents is caused by non-motor vehicle drivers and pedestrians deliberately colliding with motor vehicles, and the motor vehicle party is not liable for compensation.
Driving a motor vehicle to kill a non-motor vehicle driver or pedestrian is not illegal, so the motor vehicle driver is certainly not at fault, and only needs to bear the compensation liability of no more than 10%.
Two, in violation of traffic regulations caused by accidents, resulting in death/serious injury and heavy property losses, may constitute a traffic accident crime.
Unconsciously and subjectively violating traffic regulations, causing accidents and causing death, which is quite different from intentional homicide and belongs to negligent crime in criminal law; Of course, if it is premeditated to hit someone with a car, it is an indisputable crime of intentional homicide, and the maximum penalty is death.
Negligent crime, only in the case of legal provisions, bear criminal responsibility, so the crime of traffic accident is only applicable to a crime of "traffic accident".
According to Article 133 of the Criminal Law, the crime of causing traffic accidents violates traffic laws and regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and 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.
However, the death caused by a traffic accident constitutes a "traffic accident crime", and not everyone will be convicted and sentenced, but also depends on the determination of the responsibility for the accident.
According to the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accident promulgated and implemented by the Supreme People's Court on June 5438+065438+ 10, 2000, the following situations constitute the crime of traffic accident.
Fixed-term imprisonment/criminal detention of less than three years:
1, if one person is killed/seriously injured by more than three people, he shall be fully/mainly responsible for the accident;
2, killing more than three people, bear the same responsibility;
3. Causing direct property losses, taking full/main responsibility for the accident, unable to pay compensation of more than 300,000 yuan (for example, knocking down a house requires compensation of 6.5438+0.3 million yuan, and patchwork can only get 999,000 yuan, so the remaining 3.065438+0.00 million yuan requires jail compensation).
4. Traffic accidents cause serious injuries to more than one person, and they are fully/mainly responsible for the accident, and have the following situations: drunk driving/driving under poison, unqualified driving, knowing that the safety device of the vehicle they are driving is out of order, knowing that the vehicle they are driving is unlicensed/scrapped, seriously overloaded, and escaping after the accident.
These four articles constitute the minimum standard of the crime of causing traffic accidents, and below these four articles, they do not constitute the crime of causing traffic accidents.
I would like to solemnly remind all drivers:
Never run away, let alone try to hide or abandon the injured, or the injured will be disabled or die because they can't get help, and be directly convicted and punished for intentional homicide and intentional injury.