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Lawyer Xiang Jingxin

Lawyer Xiang Jingxin (Tel: 13236529989) is proficient in criminal defense, difficult cases involving criminal and civil affairs, marriage and family affairs, and has rich experience in civil and commercial litigation arbitration, real estate and traffic contract cases. He has been a lawyer in Beijing Jingshi (Nanjing) Law Firm, and has participated in handling a series of duty crimes, economic crimes and other criminal cases, He handled bail pending trial for several parties and obtained the decision not to sue. A large number of contract disputes, property disputes, marriage inheritance and other civil litigation cases have been handled nationwide. And undertook a series of property preservation and enforcement cases, effectively safeguarding

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How to deal with the crime of causing traffic accidents if the compensation standard is not reached

Road* Guangxi Beihai Traffic accident compensation consultation 2024.06.30 12:45:00 314 people read

Traffic accident crime Not reached Compensation standard How will it be handled

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Region: Gansu Jinchang

Resolution:
In cases involving traffic accident crimes, if the legal compensation standard is not met, it is often necessary to consider comprehensively the accident liability, the seriousness of the damage caused and the subjective fault of the actor. If the party did not escape after the accident, but only caused serious injury to one or more people or serious property losses, even if the injured party was not fully compensated, it may also bear the corresponding criminal legal responsibility.
However, in the process of judicial trial, the judge will fully consider whether the actor has a good willingness to compensate and the ability to pay, but this does not affect the legal investigation and ruling of his criminal responsibility.
Legal basis:
Article 133 of the Criminal Law of the People's Republic of China shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious accident occurs as a result of a violation of the laws and regulations governing traffic and transportation, causing serious injury or death to a person or causing heavy losses to public or private property; If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

2024-06-30 12:46:00 Reply
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