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Will the driver bear criminal responsibility for the accident?

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Will the driver bear criminal responsibility for the accident?


        

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  • 2024-06-14 16:01:41

    Will the driver bear criminal responsibility for the accident? Accidental death depends on whether the driver is negligent, that is, whether he violates traffic rules. Negligence is the crime of causing traffic accidents and shall bear criminal responsibility. Without fault, it is an accident and will not bear criminal responsibility. Legal basis: According to the provisions of Article 133 of the Criminal Law, the crime of causing traffic accidents has three different punishment levels (sentencing levels): those who violate the traffic and transportation management regulations and thus have a major accident, causing serious injury, death or heavy losses of public and private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The term "major accident" here refers to one of the following circumstances according to Paragraph 1 of Article 2 of the Interpretation: (1) one person died or more than three people were seriously injured, and the person who is responsible for all or the main part of the accident; (2) More than three people died, and they are equally responsible for the accident; (3) Causing direct losses to public property or other people's property, bearing all or the main responsibility for the accident, and being unable to make compensation of more than 300000 yuan. The second paragraph of Article 2 of the Interpretation stipulates that if a traffic accident causes more than one person to be seriously injured, bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished as a traffic accident crime: (1) driving a motor vehicle after drinking or taking drugs; (2) Driving motor vehicles without driving qualification; (3) Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism fails; (4) Knowingly driving a motor vehicle without a license plate or which has been scrapped; (5) Serious overload driving; (6) Escaping from the scene of the accident in order to avoid legal investigation. Other especially serious circumstances refer to one of the following circumstances: (1) More than 2 people died or more than 5 people were seriously injured, and they bear all or major responsibility; (2) More than 6 people died and bear the same responsibility for the accident; (3) Causing direct loss of public property or other people's property, bearing all or the main responsibility for the accident, and being unable to compensate more than 600000 yuan. According to Article 133 of the Criminal Law, those who commit the crime of causing traffic accidents 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 especially serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. I hope the above answers are helpful to you.

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