How to punish the death caused by traffic accident?

I Death caused by traffic accident How to punish?

1. Traffic accident causing death may result in Hu being sentenced to less than three years fixed-term imprisonment , or one to six months criminal detention 。

The Supreme People's Court Traffic accident Interpretation of Several Issues Concerning the Specific Application of Law in Criminal Cases

Article 2 Whoever commits a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(1) One person died or more than three people were seriously injured, and they were fully or mainly responsible 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 all or the main responsibility for the accident, and being unable to make compensation of more than 300000 yuan.

2. Traffic accident causing death may also be sentenced to three to seven years of imprisonment

Interpretation of the Supreme People's Court on Some Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

Article 4 If a traffic accident involves one of the following circumstances, it shall be classified as "having other especially bad circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:

(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.

3. If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

(1)《 criminal law 》

Article 133【 Traffic accident crime 】Violation of traffic and transportation management statute , thus causing serious injury or death 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; 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.

(2) Interpretation of the Supreme People's Court on Some Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

Article 5 "Death due to escape" 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.

II Escape from traffic accident causing death What should I do?

1. It does not involve in other victimizing behaviors of the perpetrator himself, that is, simply escaping after the traffic accident and causing death. The perpetrator ran away after hitting another person in a traffic accident, which resulted in the death of the victim due to negligence, including that the perpetrator ran away after injuring another person in a traffic accident, mistakenly thinking that the victim was not injured or was not seriously injured and had no life danger, or mistakenly thinking that the victim had died The victim will be rescued by the crowd on the scene or by passing vehicles (for example, the accident occurred in downtown areas, areas with many pedestrians and vehicles). In such cases, as long as the perpetrator is aware of his own traffic accident but still escapes, he should be punished according to the circumstances of "death caused by escape". However, if the accident causing serious injury to the victim occurs on the road of a remote road, in the wild, or in the cold late night, the perpetrator, knowing that there is little possibility for others except himself to give assistance, still drives away, eventually leading to the death of the victim. At this time, the perpetrator constitutes inaction Intentional homicide 。

2. Escape after a traffic accident occurs again in the process of escape traffic accident That is, the situation of the second accident. There are also two situations:

(1) The driver escapes after causing serious injury or death to the victim due to the traffic accident, and the victim is seriously injured or killed again due to the latter escape behavior. Both the former traffic accident and the latter one constitute traffic accident crime, but in this case, they will be treated as traffic accident crime Combined punishment for several crimes 。 The third sentencing grade of the traffic accident crime in Article 133 of the Criminal Law applies here punishment Serious punishment within the range.

(2) After the traffic accident, the driver escapes by driving, and endangers public safety by driving into people on the way of escape. This kind of situation is mostly due to the actor losing control due to the nervousness and fear of traffic accidents. In order to avoid criminal responsibility, he is desperate to drive fast and hit people, resulting in many casualties. Subjectively, the perpetrator's fault has been transformed into indirect intention, allowing the death and injury of unspecified majority to occur, objectively actually endangering or threatening the personal and property safety of unspecified majority, so the latter act should be subject to Article 115 of the Criminal Law Crime of endangering public security by dangerous means Conviction and punishment. The perpetrator shall bear criminal responsibility for the crime of causing traffic accidents and the crime of endangering public security by dangerous means.

3. If the perpetrator, in order to avoid legal investigation after the traffic accident, conceals or abandons the victim after taking him away from the scene of the accident, resulting in the death or serious disability of the victim due to the unavailability of assistance, according to the provisions of Article 6 of the Interpretation of the Supreme People's Court on the Specific Application of Law in the Trial of Criminal Cases Caused by Traffic Accidents In the second paragraph of Article 234 Crime of intentional injury Conviction and punishment. Because the previous behavior of the perpetrator and the behavior of moving the victim caused his obligation to rescue the victim's life, but the perpetrator failed to perform his own rescue behavior, resulting in the victim's death or serious disability, and causing serious damage to the victim's life and health. Therefore, it should constitute the crime of intentional homicide of omission. If the previous act of causing a traffic accident has constituted a traffic accident crime, the perpetrator shall be punished for several crimes together with the traffic accident crime and intentional homicide.

4. If the actor escapes after a traffic accident and gets involved in the "victimizing" behavior of the perpetrator during the escape process, such as dragging the injured person to escape and deliberately running over the person in a car, throwing the victim into the water, causing serious injury or death, this behavior should be identified as the crime of intentional injury or intentional homicide, and the perpetrator should be punished for several crimes as the crime of intentional injury or intentional homicide and the crime of traffic accident.

Traffic accidents happen from time to time in real life, and many people die because of accidents. After the occurrence of such serious traffic accidents, it is generally necessary for the traffic management department to identify the responsible subject of the accident. During the identification process, it is necessary to determine whether the accident party is suspected criminal offence If it constitutes a crime, the case needs to be transferred to the public security organ for handling. Determination of public security organ investigation charge After the establishment, drivers who cause death are likely to be sentenced by the court.