The difference between the crime of escape and the crime of reprieve is as follows:
(1) has different definitions. After a traffic accident, the victim is found dead, or the deceased is confirmed to have died on the spot by a medical institution, and the perpetrator escapes from the scene after death. If the injured person dies because the actor escapes without timely assistance, it belongs to escape and causes death;
(2) Different sentencing standards. According to the provisions of the Road Traffic Safety Law, whoever escapes after causing death 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.
Qualitative analysis of hit-and-run:
1. Generally speaking, subjectively, it is to escape legal responsibility or rescue obligation, drive or abandon the accident vehicle and escape from the scene of the accident;
2. If there is an objective act of fleeing from the scene, it is considered as a hit-and-run
Criminal law is a law that stipulates crime, criminal responsibility and punishment.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 133 Whoever violates traffic rules and has a traffic accident, thus causing a serious accident, causing serious injury or death to people or causing heavy losses to public or private property, 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.
Article 133-1 Crime of Dangerous Driving Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 133 bis Crime of Obstruction of Safe Driving Whoever uses violence or robs the driver's driving control device of a moving public transport to interfere with the normal operation of public transport and endanger the safety of public transport shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also, or shall only, be fined.
If the driver of the preceding paragraph leaves his post without permission on public transport, fights with others or beats others, thus endangering the safety of public transport, he shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.