I Crime of Escaping from Traffic Accident What is the identification standard?
The 8 cases of the accident party driving away from 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 identified as Escape in traffic accident 。
1. Knowingly traffic accident , the person involved in the traffic accident escapes from the scene of the accident by driving or abandoning the vehicle;
2. The person involved in a traffic accident drives away from the scene of the accident, thinking that he is not responsible for the accident;
3. The party involved in the traffic accident is suspected of drinking and driving without a license, fails to perform the duty of waiting for the scene after reporting the case, and returns after abandoning the car and leaving the scene of the accident;
4. The party involved in the traffic accident sent the injured to the hospital, but did not report the case and left the hospital without reason;
5. The party involved in the traffic accident leaves the injured person or family member with a false name, address and contact information after sending the injured person to the hospital;
6. The party involved in the traffic accident escapes during the investigation;
7. The person involved in the traffic accident left the scene and did not admit that the traffic accident had occurred, but evidence Prove that they should know about the traffic accident;
8. No agreement can be reached through consultation or the compensation fees paid without consultation are obviously insufficient, the party involved in the traffic accident has not left his true information, and there is evidence to prove that he left the scene by force.
The above eight acts can be identified as traffic accident escape acts, and in some cases, the criminal responsibility of the perpetrators can be investigated.
2、 Roads Regulations on Traffic Accident Handling Procedures 》Relevant regulations
Article 70
In case of a traffic accident on the road, the vehicle driver shall stop the vehicle immediately to protect the scene; If casualties are caused, the driver of the vehicle shall immediately rescue the injured and promptly report to the traffic police on duty or the traffic control department of the public security organ. If the scene is changed due to rescuing the injured, the location shall be indicated. Passengers, drivers of passing vehicles and pedestrians shall provide assistance.
Article 101
Violation of road traffic safety laws statute Occurrence of Major traffic accidents If a crime is constituted, criminal responsibility shall be investigated according to law, and the traffic control department of the public security organ shall revoke the motor vehicle driving license.
Escape after causing a traffic accident The traffic control department of the public security organ shall revoke the motor vehicle driving license, and may not obtain a new motor vehicle driving license for life.
《 criminal law 》Article 133 stipulates that those who violate the traffic and transportation management laws and regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public or private property, shall be punished for not more than three years fixed-term imprisonment perhaps 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.
The handling of traffic accidents is clearly stipulated in the law. The traffic police department shall handle the traffic accidents according to the actual causes and relevant factual consequences. If there are serious circumstances such as escape, it is necessary to investigate the legal responsibility strictly. If there is no serious circumstances, it can be administrative sanction For processing.
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