Due to negligence, if it is a violation of traffic regulations, it is mainly or fully responsible for the accident, and thus a major accident occurs, causing serious injuries and death, which constitutes a traffic accident crime.
What are the constitutive elements of the crime of causing traffic accidents?
1, the object of traffic accident crime. Refers to the major traffic safety that is protected. Because only those who cause traffic accidents and cause great consequences constitute the crime of traffic accidents. If it is only a traffic accident, it does not cause significant consequences, it does not constitute a traffic accident crime, nor is it a protected social relationship, and it cannot constitute the object of the traffic accident crime;
2. The objective aspect of the crime of causing traffic accidents is that the perpetrator violates traffic management laws and regulations, causing serious injuries, deaths or heavy losses to public and private property;
3. The subject of traffic accident crime is the general subject, that is, a natural person who has reached the age of 16 and has the ability of criminal responsibility. In fact, people are mainly engaged in transportation. /kloc-people under 0/6 years old and/kloc-people over 0/4 years old drive motor vehicles, causing major accidents, whether the crime of traffic accidents is established;
4. The subjective aspect of traffic accident crime is negligence. Neglect and overconfidence are both valid. The negligence emphasized by the traffic accident crime refers to the psychological attitude of the actor towards the serious consequences of the accident. As for the duty of care in violation of traffic management regulations, it can be either knowingly committed or negligent, which does not affect the establishment of the traffic accident crime. If the perpetrator subjectively holds a deliberate psychological attitude towards the serious consequences caused by his behavior, then the behavior should be punished with related crimes such as intentional injury and intentional homicide, which does not constitute a traffic accident crime.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 133 of the Criminal Law of People's Republic of China (PRC).
In violation of traffic regulations, a major accident occurs, causing serious injury, death or heavy losses to public or 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.