How to punish the hit and run traffic accident

I Hit and run How to punish

1、 Traffic accident If he escapes later or has other especially bad circumstances, he shall be sentenced to not less than 3 years but not more than 7 years fixed-term imprisonment 。

The so-called "escape after traffic accident", as stipulated in Article 3 of the Interpretation, means that the perpetrator has one of the circumstances specified in Paragraph 1 of Article 2 and Paragraphs (1) to (5) of Paragraph 2 of the Interpretation traffic accident Later, the act of escaping to avoid legal investigation.

Here, attention should be paid to the identification of "escape after traffic accident". First, the prerequisite for escape after traffic accident is "to avoid legal investigation". Second, there is no time and place limit for escape after traffic accident, and it should not be understood as "escape from the accident scene". For the accident scene that is not escaped (or failed to escape) after the accident, If the injured person escapes after being sent to the hospital or waiting for the traffic management department to deal with it, it should also be regarded as "escaping after a traffic accident".

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":

(1) More than two people died or more than five people were seriously injured, and they bear all or the main responsibility for 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.

2. Because Escape from traffic accident causing death And shall be sentenced to fixed-term imprisonment of not less than 7 years.

According to the Interpretation, "death caused by escaping from a traffic accident" refers to the situation where the perpetrator escapes after a traffic accident in order to avoid legal investigation, resulting in the death of the victim due to lack of assistance. but criminal law Theoretically, there are many different views on "death caused by escaping from traffic accident". This book believes that the psychological attitude of "escaping from a traffic accident and causing death" should be limited to negligence, because Traffic accident crime Is a kind of unpremeditated crime , to keep Constitution of crime 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, in accordance with the provisions of Article 232 and Paragraph 2 of Article 234 of the Criminal Law Intentional homicide perhaps Crime of intentional injury Conviction and punishment.

2、 Responsibility determination of hit and run in traffic accidents

The determination of escape after a traffic accident, first of all, the prerequisite for escape after a traffic accident is "to avoid legal investigation". Second, there is no time and place limit for escape after a traffic accident, which should not be understood as "escape from the scene of the accident", If the injured person escapes after being sent to the hospital or waiting for the traffic management department to deal with it, it should also be regarded as "escaping after a traffic accident".

If a person escapes from a traffic accident or has other especially bad circumstances, he belongs to the aggravated offense of the traffic accident crime. To constitute the aggravated offense, the first requirement is that the perpetrator's act of causing a traffic accident has already constituted the crime of causing a traffic accident, otherwise the act of escaping from a traffic accident can only be considered as the conviction circumstances when determining whether it constitutes the crime of causing a traffic accident;

Secondly, the actor is required to know that he has committed a traffic accident. If he does not know about the accident, he will not have the motivation to evade legal investigation, and it will not constitute a traffic accident escape behavior.

Thirdly, although the obligation of rescuing the victim has been fulfilled, the behavior of evading responsibility and finding out and identifying still constitutes hit and run.

Finally, the so-called hit and run mainly refers to the situation of escaping from the scene, but the victim can also be sent to the hospital to escape, or even hide at the scene.

Escaping from a traffic accident is an extremely bad situation. Whether or not it will be deemed to constitute a crime later, when punishing the fugitive, it must be heavier. If it is determined that the crime constitutes a traffic accident crime, and according to the regulations, there is escape at this time, then it is generally punished between 3-7 years of imprisonment. However, if the escape causes the death of the victim, he will be sentenced to more than 7 years of fixed-term imprisonment.