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How to punish the hit and run? Do you want to detain the car if you file a case?

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How to punish the hit and run? Do you want to detain the car if you file a case?


        

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  • 2024-06-13 08:00:00

    How to punish the hit and run? Do you want to detain the car if you file a case? 1. Penalties for hit and run: (1) Those who escape after a traffic accident or have other especially bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. As for the so-called "other particularly bad circumstances", Article 4 of the Interpretation stipulates that traffic accidents with one of the following circumstances are "other particularly bad circumstances": more than two deaths or more than five serious injuries, who bear all or the main responsibility for the accident; More than six people died, and they are equally responsible for the accident; 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. (2) Whoever escapes from a traffic accident and causes death shall be sentenced to fixed-term imprisonment of not less than 7 years. The psychological attitude of "escaping from a traffic accident and causing death" should be limited to negligence, because the traffic accident crime is a negligent crime. In order to maintain the purity of the crime composition, the psychological attitude of its aggravating composition should also be negligence. Therefore, the Interpretation stipulates that if the perpetrator, in order to avoid legal investigation after the traffic accident, takes the victim away from the scene of the accident and hides or abandons the victim, resulting in the death or serious disability of the victim who cannot be rescued, he shall be convicted and punished as the crime of intentional homicide or intentional injury in accordance with the provisions of Article 232 and Paragraph 2 of Article 234 of the Criminal Law, respectively. 2. According to the relevant traffic laws and regulations in China, if the public security organ finds the escaping vehicle after causing a traffic accident, it can detain the vehicle. Article 33 of the Provisions on the Handling Procedure of Road Traffic Accidents, the traffic management department of the local public security organ where the case occurred can request assistance in the investigation, report the hit and run vehicles or detect clues by issuing a notice of assistance in the investigation, announcing to the public, etc. When issuing a notice of assistance in investigation or making a public announcement, the basic facts of the case of hit and run, the situation, characteristics and escape direction of the hit and run vehicles shall be provided. Article 34 The traffic control department of the public security organ that receives the notification of assistance in investigation shall immediately arrange for interception or investigation. If a hit and run vehicle or a suspected vehicle is found, it shall be detained, the hit and run person or the suspect who is consistent with the notice of the investigation shall be summoned according to law, and the relevant information shall be timely notified to the traffic management department of the local public security organ. The traffic control department of the public security organ at the place where the crime occurred shall immediately send traffic police to handle the handover. Is this easy to understand?

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