How to judge the death caused by hit-and-run

Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

First of all, if a person escapes after a traffic accident, the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life.

Secondly, "death caused by escape" refers to the situation that the victim died after the traffic accident because the actor evaded legal investigation and could not get help. After a traffic accident, if the perpetrator hides or abandons the scene of the accident in order to avoid legal investigation, resulting in the victim's death or serious disability and can't get help, he shall be convicted and punished for intentional homicide or intentional injury respectively. If the civil litigants in criminal cases of traffic accidents in Fu Bao fail to reach a mediation or reconciliation agreement on civil compensation, death compensation and disability compensation can be included in the scope of judgment compensation, regardless of whether the defendant in incidental civil litigation has applied for compulsory motor vehicle third party liability insurance. According to the relevant regulations, if escape causes death 1 person, the starting point of sentencing can be determined within the range of 7 years to 10 years. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the accident responsibility, the number of people causing serious injuries and deaths or the amount of property losses, as well as other criminal facts that affect the composition of crimes such as escape.

Finally, the traffic accident crime is one of the common crimes. In the event of a traffic accident, the injured should be sent to the hospital in time, and there should be no escape behavior. The legal provisions and judicial interpretation of this kind of behavior are very complicated, so it is suggested that the parties entrust a professional criminal lawyer to handle it.

legal ground

Article 133 of the Criminal Law: Whoever commits a traffic accident in violation of traffic laws and regulations, resulting in a major accident, causing serious injury, death or 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.