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What is the filing standard of traffic accident crime

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What is the filing standard of traffic accident crime


        

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  • 2024-06-14 12:00:01

    According to Paragraph 1 of Article 2 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Caused by Traffic Accidents, which was announced by the Supreme People's Court on November 10, 2000 and came into force on November 21, 2000, if a traffic accident involves one of the following circumstances, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention: (1) one person died or more than three people were seriously injured, and bear all or the main responsibility for the accident; (2) More than 3 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 300000 yuan. Paragraph 2 of Article 2 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. Extended information: The crime of causing traffic accidents refers to the crime of violating the road traffic management regulations, causing serious traffic accidents, causing serious injuries, deaths or heavy losses to public and private property, and being investigated for criminal responsibility according to law. Traffic accident crime is a kind of crime that negligently endangers public security. According to the criminal law theory of our country, the establishment of any crime must have four constituent elements, namely, the object of crime, the objective aspect of crime, the subject of crime and the subjective aspect of crime. Therefore, we still use the theory of four constituent elements of crime to describe the characteristics of traffic accident crime. That is, whether the traffic accident behavior constitutes a traffic accident crime, the only criterion is the crime constitution of the crime.

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    2024-06-14 12:00:01

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