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Will people be sentenced to death in traffic accidents?

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Will people be sentenced to death in traffic accidents?


        

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  • 2024-06-14 11:00:50

    Article 133 Whoever violates the laws and regulations governing traffic and transportation, thereby causing a serious accident, causing serious injury or death to a person or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; 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. Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents, if a person engaged in transportation or a person who is not involved in transportation violates the traffic and transportation management regulations and causes a major traffic accident, on the basis of clarifying the responsibility for the accident, he or she shall be convicted and punished in accordance with Article 133 of the Criminal Law if the crime constitutes a crime. Article 2 Whoever commits a traffic accident under any of the following circumstances 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 he was fully or mainly responsible for 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. 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. Article 3 "Escape after a traffic accident" refers to the behavior of the actor who escapes from legal investigation after a traffic accident in one of the circumstances specified in Paragraph 1 of Article 2 and Paragraphs (1) to (5) of Paragraph 2 of this Interpretation. Article 4 If a traffic accident involves one of the following circumstances, it shall be classified as "having other especially bad circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years: (1) not less than two deaths or not less than five serious injuries, and the person who is responsible for all or the main part of the accident; (2) More than six people died, and they are equally responsible for the accident; (3) Causing direct losses to public property or other people's property, bearing full or major responsibility for the accident, and being unable to make compensation of more than 600000 yuan.

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