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How to Deal with Criminal Proceedings of Traffic Accidents

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How to Deal with Criminal Proceedings of Traffic Accidents


        

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  • 2024-06-30 17:00:50

    According to Article 74 of the Road Traffic Safety Law of the People's Republic of China, "For a dispute over compensation for damage caused by a traffic accident, the parties may request the traffic management department of the public security organ for mediation, or may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or fail to perform the mediation statement after it comes into effect, the parties may bring a civil action in the people's court. "
    Therefore, if the traffic accident mediation fails, a traffic accident lawsuit can be brought to the court, and the specific procedures are as follows:
    1. Prepare civil pleadings and evidence. Submit a civil petition and evidence to the court according to the number of defendants plus one copy.
    2. Bring a suit to a court of competent jurisdiction. The court with jurisdiction is the court in the place where the traffic accident occurred or the court in the place where the defendant is located (if the defendant's habitual residence is inconsistent with the defendant's location, the court in the defendant's habitual residence can also be regarded as the court with jurisdiction). If it is necessary to apply for disability appraisal and third phase appraisal, it can also be submitted to the filing court in the form of an application at the same time.
    3. Submit complaint and relevant evidence. If the conditions for prosecution are met, the court will accept the review. If it believes that the conditions for prosecution are met, the case will be filed within seven days and the parties will be notified at the same time.
    4. Thus, the preparation stage before trial is entered. The court shall serve a copy of the statement of complaint to the defendant within five days from the date of filing the case, and the defendant shall file a defense within fifteen days after receiving the statement of complaint. The court may investigate and collect evidence at the application of the traffic accident lawyer, and add necessary co litigants.
    5. The hearing stage. Before the hearing, the party and his traffic accident lawyer shall be notified, and the name of the party, the cause of action and the time and place of the hearing shall be announced. After the hearing, the clerk shall find out the attendance, announce the court discipline, the presiding judge shall check the situation of the party, announce the cause of action, the list of judges and clerks, inform the litigation rights and obligations, ask whether to apply for withdrawal, and then, In the first stage of court investigation, the parties or traffic accident lawyers make statements, witnesses give testimony, read out witness testimony, produce documentary evidence, physical evidence and audio-visual materials, read out expert conclusions, read out inspection records, enter the court debate link, the plaintiff or traffic accident lawyers make statements, the defendant defends, the third person speaks or defends, and the traffic accident and the other party debate each other, The presiding judge asked all parties for their opinions, and the trial session ended.
    6. When entering the stage of judgment and ruling, the court must make the judgment public and serve the written judgment (the parties file an appeal and submit an appeal petition to enter the appeal proceedings), and the written judgment will become effective.
    7. The traffic accident lawyer applies to the court for compulsory execution.

    E***

    2024-06-30 17:00:50

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