How to calculate hit and run?

1、 How to calculate hit and run?

1. Occurs traffic accident Later, in order to avoid legal investigation, the behavior of driving or abandoning a vehicle to escape from the scene of a traffic accident belongs to hit and run.

The constituent conditions of hit and run mainly include:

(1) The perpetrator knows that he has caused a traffic accident, that is, when escaping, he must know that his behavior has caused a traffic accident, which is the subjective cognitive factor of the actor. If the perpetrator leaves the scene without being aware of the traffic accident, it cannot be deemed as“ Traffic accident Back Escape ".

(2) Subjectively, it is to avoid accident responsibility and legal investigation; In practice, the purpose of the escape of the perpetrators is mostly to "escape legal investigation", but there are also a few people who escape for other purposes, such as fear of being beaten by the victims' relatives and other onlookers. After escaping from the scene, these people often accept legal treatment by reporting to the leader or calling the police. Obviously, the subjective malignancy of these people is much smaller. Therefore, it is necessary to distinguish them when identifying them, so as to ensure the accurate application of the law.

(3) Objectively, he fled the scene of the accident and did not report the case to the public security organ.

2. Escaping drivers may be fined Administrative detention 。

Hit and run If it does not constitute a crime, the traffic management department of the public security organ may impose a fine of more than 200 yuan but less than 2000 yuan administrative sanction 。 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. If a crime is constituted, if he escapes after a traffic accident or if there are other especially bad circumstances, he shall be sentenced to not less than 3 years but not more than 7 years fixed-term imprisonment 。

2、 Transportation Surrender after hit and run Are you still running away?

1. Surrender after escaping from a traffic accident is still considered as escape. After escaping from a traffic accident, it can still be identified as Circumstances of voluntary surrender As follows:

(1) The escapee voluntarily surrenders to the traffic control department or other public security departments and truthfully accounts for the wrong facts;

(2) The escapee entrusts others or calls the traffic control department or other public security departments to report the case, waits for handling and truthfully explains the wrong facts;

(3) Those who report to the traffic control department or local relevant departments while fleeing, waiting for handling.

2. Accident and Escape Traffic Police Handling Process

(1) First of all, when the party involved in a traffic accident hit and run, the traffic management department of the public organ will carry out Case filing and investigation , conduct on-site investigation on the scene of the traffic accident;

(2) Then, when the incident happened, the testimony of the relevant personnel in the case was collected, and the pursuit of the hit and run actor was carried out in a timely manner. In the process of tracking down the person who caused the accident and escaped, we can help the smooth progress of the case by issuing a public notice or reporting the information of the vehicle that caused the accident.

(3) The traffic management department of the public security organ, after receiving the order to assist in the investigation, will also carry out the blocking action against the vehicle causing the accident. Once a suspicious vehicle occurs, it will immediately detain the investigation. After the traffic management department of the public security organ has seized the hit and run vehicle, it will cancel the previous notification on tracking the hit and run vehicle.

(4) When investigating the hit and run case with the traffic management department of the public security organ, if the victim or the family member of the victim wants to ask about the progress of the case, the relevant department should truthfully state the actual progress of the case to the parties and their families.

According to the provisions of the current law, no matter whether the driver is the responsible party of the traffic accident, once he chooses to escape, his driving license will be revoked. If the act of escape does not constitute a crime, the person who escapes will be ordered to pay a fine of more than 200 yuan but less than 2000 yuan. If it is determined to constitute a crime, he may be sentenced to bear criminal responsibility.