Non-prosecution case of traffic accident crime
Legal analysis: Liao had a traffic accident on the expressway, resulting in serious consequences of one death. After the traffic police filed the case, they took compulsory measures of criminal detention against him. After lawyer Liu Yi intervened, he instructed the suspect's family to fully compensate the victim's family and obtained the criminal understanding of the victim's family. Through reasonable, legal and effective communication, the case was not prosecuted in the procuratorate.
Legal basis: Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic 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.
The Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of criminal cases of traffic accidents.
Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
Article 3 Escaping after a traffic accident refers to the behavior of the actor who escapes from legal investigation after a traffic accident under any of the circumstances specified in the first and second paragraphs (1) to (5) of Article 2 of this Interpretation.
Consequences of violating the regulations for more than two years
Legal analysis: failure to deal with violations for more than two years, revocation of driver's license, resulting in late fees. If it is not handled within the time limit, the administrative organ that has made the decision on administrative punishment may apply to the court for compulsory execution. Consequence of violation: 1. If the on-site bill is not paid for more than 15 days, a late fee of 3% of the fine amount will be generated every day from 15 days until it is paid. (The maximum overdue fine shall not exceed the fine amount); 2. If the violation exceeds 3 orders and is not handled, the traffic police will detain it after verification, and the car will be detained if the circumstances are serious; 3. If the on-site ticket is not handled, the driver's license cannot be renewed, reissued or transferred; 4. If the violation is not handled, accidents, car damage, etc. Will not be settled by the vehicle insurance company.
Legal basis: Road Traffic Safety Law of the People's Republic of China.
Twenty-fourth traffic management departments of public security organs shall, in addition to administrative punishment according to law, implement a cumulative scoring system for motor vehicle drivers who violate road traffic safety laws and regulations. The traffic administrative department of the public security organ shall detain the motor vehicle driver's license, educate him on road traffic safety laws and regulations, and re-examine him; Those who pass the examination shall be returned with the motor vehicle driving license. Motor vehicle drivers who abide by road traffic safety laws and regulations and have no accumulated scores within one year may extend the period of motor vehicle driving license examination. The specific measures shall be formulated by the public security department of the State Council.
Article 88 Penalties for road traffic safety violations include: warning, fine, suspension or revocation of motor vehicle driving license, and detention.
Article 108 The party concerned shall pay the fine at the designated bank within 15 days from the date of receiving the written decision on administrative penalty for fine. If the parties have no objection to the fines imposed on pedestrians, passengers and non-motor vehicle drivers, they may collect the fines on the spot. Fines shall be issued by the financial departments of provinces, autonomous regions and municipalities directly under the Central Government; If a receipt for the fine uniformly issued by the financial department is not issued, the party concerned has the right to refuse to pay the fine.
Article 109 If a party fails to perform the decision on administrative punishment within the time limit, the administrative organ that made the decision on administrative punishment may take the following measures: (1) If the party fails to pay the fine within the time limit, it shall be fined at 3% of the amount of the fine every day; (two) apply to the people's court for compulsory execution. Consequences of not prosecuting a traffic accident case for more than two years @20 19