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Cut and drive away. Is it a hit and run

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Cut and drive away. Is it a hit and run


        

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  • 2024-06-18 22:00:04

    Escape after being scratched by someone's car shall be deemed as hit and run.

    Article 85 of the Procedure for Handling Road Traffic Accidents stipulates that escape in traffic accidents refers to the behavior of the actor who escapes from legal investigation after the occurrence of a traffic accident. The 8 cases of the accident party leaving the scene without responsibility, failing to perform the duty of waiting for treatment on the scene after reporting the case, abandoning the car and returning after leaving the scene of the accident will be deemed as hit and run.

    Article 133 of the Criminal Law stipulates that anyone who violates the laws and regulations governing traffic and transportation, thereby causing a serious accident, causing serious injury or death to another 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.

    Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Caused by Traffic Accidents, "Escape after Traffic Accidents", refers to the behavior of the perpetrator who has one of the circumstances specified in Paragraph 1 of Article 2 and Paragraphs (1) to (5) of Paragraph 2 of this Interpretation, and escapes from legal investigation after a traffic accident; That is, the so-called hit and run refers to the behavior of the actor who has the following circumstances in the traffic accident and escapes because of evading legal investigation: (1) one person died or more than three people were seriously injured, and bears all or the main responsibility 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 full or major responsibility for the accident, and being unable to make compensation of more than 300000 yuan; (4) Driving a motor vehicle after drinking or taking drugs, causing more than one person to be seriously injured, and bearing all or the main responsibility for the accident; (5) Driving a motor vehicle without driving qualification causes more than one person to be seriously injured and bears all or the main responsibility for the accident; (6) Driving a motor vehicle that knowingly causes more than one person to be seriously injured due to incomplete safety devices or failure of safety parts, and bearing all or the main responsibility for the accident; (7) Driving a motor vehicle that is knowingly unlicensed or has been scrapped, causing more than one person to be seriously injured, and bearing all or the main responsibility for the accident; (8) Serious overloading causes more than one person to be seriously injured and bears all or the main responsibility for the accident.

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    Legal basis

    Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Caused by Traffic Accidents, "Escape after Traffic Accidents", refers to the behavior of the perpetrator who has one of the circumstances specified in Paragraph 1 of Article 2 and Paragraphs (1) to (5) of Paragraph 2 of this Interpretation, and escapes from legal investigation after a traffic accident.

    Article 85 of the Provisions on the Procedures for Handling Road Traffic Accidents, the parties apply to the people's mediation committee for mediation. After reaching a mediation agreement, the parties may jointly apply to the people's court for judicial confirmation in accordance with the People's Mediation Law of the People's Republic of China if they deem it necessary.
    The parties apply to the people's mediation committee for mediation. If no agreement is reached through mediation, the parties may directly file a civil lawsuit with the people's court, or unanimously apply in writing to the traffic management department of the public security organ for mediation within three days from the date when the people's mediation committee terminates mediation.

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