Traffic accident crime from criminal punishment, the legal society effect reveals

 

Text / Yu wins the law

 

[introduction] case

 

   On July 19, 2009 afternoon 4 when make, the defendant Xu did not obtain a motor vehicle driver's license conditions, driving without license two wheel motorcycle carrying Yang on the road and do not wear safety helmets, when to Baiyun District of Guangzhou city from the road junction from Ma Li west side of the road to East is driving the vehicle, turn left to go straight driving in advance, and Yao a driving at 90.39 km / h speed Guangdong A3Q102 minibus collided, Yang, Xu two per capita was injured on the ground, which Yang after rescue invalid death, Xu injured in hospital. After the case, Yao a compensation the Yuan Yang family total 260400 yuan, the family of the deceased has been issued for the love letter, request to Xu dealt with leniently.

 

[the court]

 

   Court think, the defendant Xu ignore state laws, ignore traffic safety, illegal driving, causing major traffic accident death of a person, the main responsibility for the accident, the crime of causing traffic casualties. Another mistake side Yao Mou has to the families of the victims of the economic compensation, and the families of the victims of Xu said understanding, the case has to resolve social contradictions. In this case the defendant Xu crime, plot, harmful consequences, attitude toward admission of guilt and repentance, that Xu crime plot slight, can be exempted from criminal punishment.

 

[] the case analysis

 

One, traffic accident crime

(a) the object element

   The object of this crime, is the safety of transport. Transportation, is associated with the transport and transport equipment, a railway, highway, water and air transportation, the transportation is closely connected with people's life and property safety, once produce an accident, it will do harm to the unspecific majority life safety. Extensive damage caused by public and private property, therefore, their behavior is essentially a crime against public security.

(two) the objective elements

   The objective aspect of this crime is the violation of the traffic regulations during transportation, thus the occurrence of major accidents, causing serious injury, death or causes heavy losses of public or private property act. Thus, the objective aspect of this crime is composed of the following 4 are indivisible factors:

   1, must have the behavior of breaching the traffic regulations implementing the behavior of breaching the traffic regulations in traffic and transportation, which is the cause of traffic accidents, but also bear the legal basis for punishment. The so-called transport regulations, refers to ensure the normal transport and transport safety regulations, including water, sea, air, road, rail and other transportation system security rules, regulations as well as for transport must abide by discipline, system etc.. Such as "city traffic rules", "motor vehicle management measures", "rules of the road", "inland river navigation collision avoidance rules", "crossing", "code of the people's Republic of China Maritime Traffic Safety Law" etc.. Violation of the rules may cause serious traffic accident.

   2, must be the occurrence of major accidents, serious consequences of serious injuries, death or causes heavy losses of public or private property. This is one of the necessary conditions for the crime of traffic accident. Although the actors in violation of traffic regulations, but did not cause the legal consequences, does not constitute a crime.

   3, serious consequences must be caused by the violation behavior, the causal relationship between the two.

   4, in violation of rules and regulations, causing serious injury, death or causes heavy losses of public or private property, from the originating station, must occur at the wharf, airport to manned cargo to terminal station, wharf, airport departure, cargo unloaded the entire transportation process in. From space, must occur in the railway, highway, urban road, and the air passage; from the time that, must occur in the ongoing transportation activities. If does not occur in the space, time, but to work in factories, mines, construction sites, forest, enterprises and institutions, the courtyard, or other non transport activities, such as maintenance, washing vehicles, generally does not constitute a crime.

(three) the main elements

   The subject of this crime is general subject. That is where 16 years of age, with the criminal responsibility of natural person can constitute.

(four) the subjective element

   The subjective aspect of this crime is negligence, including careless negligence and negligence of over confidence. This fault is refers to the serious consequences of behavior caused by people to their illegal behavior of mental attitude. Acts in violation of regulations may commit a crime it knowingly, such as drunk driving, speeding, forcible overtaking, but for their illegal behavior may be the occurrence of major accidents, causing serious consequences, shall be foreseen but due to negligence, not foresee, or have been foreseen, but believe can avoid, resulting in serious consequences. 　

 

Subject two, traffic accident crime include what?

   Subject of crime of causing traffic casualties including those engaged in transportation of personnel, and direct manipulation of vehicle drivers, direct manipulation of traffic facilities business personnel, direct leadership and command transportation activities and command staff, traffic safety management personnel. Also includes non transport personnel, there is no legal procedures or temporarily without lawful procedures engaged in transportation of personnel. Transporting persons of non motor vehicles and pedestrians violating traffic regulations, causing major traffic accidents, crime.

   Note: engaged in air transport of personnel (including the aircrew and ground crew) violates the rules and regulations cause serious flight accidents, and the railway workers engaged in railway transportation in violation of rules and regulations by railway operational accident, respectively, by the "major accident crime" and "railway operational accident" adjustment, the adjustment is not affected by. But the non aviation, railway workers significant flight accident and railway operational accident by the adjustment.
That is to say, pedestrians, motor vehicle drivers, traffic facilities, business personnel, direct leadership and command transportation activities and command staff, traffic safety management personnel, non transport personnel, non aviation, railway workers significant flight accident and railway operational accident may constitute the crime of traffic accident.

 

Three, the crime of causing traffic casualties in the "traffic" be understood? "Traffic" in the "road" is the meaning of what?

   The said transportation, mainly refers to the road and water transport, here the so-called "road", according to "road traffic safety law" 119th article first: "refers to the road, city road and although the unit jurisdiction but allows the society of motor vehicle traffic, including square, public parking places for public traffic." March 23, 1992 "a procuratorate at the factory (mine) pointed out that the vehicle casualties accident crime qualitative issues concerning how to deal with": "in the factory (mine) during vehicle operation accident cases, should according to the different situation, treated differently; in the management of public transportation range, due to violation of transportation rules and regulations, the occurrence of major accidents, according to article 113rd of the criminal law provisions. Violation of safety regulations. The occurrence of major accidents, causing serious consequences, shall be handled according to article 114th of the criminal law; in the management of public transportation outside the scope of the crime of major accident liability, shall be."

　

Four, criminal responsibility

According to the provisions of article 133rd of the criminal law, the crime of causing traffic casualties stipulated three different sentence level:

Violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses to public or private property, is less than three years imprisonment or criminal detention; traffic accident or other special circumstances of the poor, more than three years to seven years in prison; death caused by escape, Department for more than seven years in prison.

"The occurrence of major accidents":

1 violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses to public or private property, is less than 3 years imprisonment or criminal detention.

What is here called the "accident", according to "the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of traffic accident" second the interpretation of the provisions of the first paragraph, which of the following circumstances:

(1) the death or serious injury of three, negative or the primary responsibility for all accidents

(2) the death of three people, the same negative accident responsibility

(3) caused by the direct loss to the public property or the property of others, negative accident or the primary responsibility, no compensation in the amount of three hundred thousand yuan.

"Explain" the second paragraph second: traffic accident injuries to more than one person, negative accident or the primary responsibility, and has one of the following circumstances, with traffic accident crime:

(1) under the influence of alcohol, drugs and driving motor vehicle

(2) driving a vehicle without a driving license

(3) that is a safety device failure or malfunction of the motor vehicle safety while driving

(4) that is a motor vehicle without license or discarded while driving

(5) the serious overload driving

(6) for fleeing from the accident scene to evade the law. (the escape conviction plots)

"Other especially serious circumstances":

Other especially serious circumstances, refers to one of the following circumstances:

(1) the above more than 2 people killed or injured 5 people, negative so all or the major responsibility

(2) the death of 6 people, the same negative accident responsibility

(3) caused by the direct loss to the public property or the property of others, negative accident or the primary responsibility, no compensation in the amount of 600000 yuan.

"Death caused by escape":

   "Explain" the fifth stipulation: "escape from death", refers to and escape behavior in order to avoid legal action after the traffic accident, the victim died because they were unable to rescue.

   "Explain" the sixth act, in order to avoid legal action after the traffic accident, the victim will be away from the scene of the accident after the hidden or abandoned, the victim can not be salvage death or severe disability, in accordance with the provisions of article 232nd of the criminal law shall be respectively, 234Th and second paragraph, in order to murder or intentional injury crime.

 

 

Five, the case that

   This case is simple, the defendant Xu did not obtain a motor vehicle driver's license in case of driving without a license, a serious violation of the traffic regulations, causing one death consequences, his behavior constituted the crime of causing traffic casualties. But considering the Yao a fast speed is one of the causes of the accident, and Yao to the families of the victims to make compensation, and Xu positive confession and repentance attitude, for the families of the victims of understanding, the court finally exempted from criminal punishment decision is also reasonable.

 

Six, the case inspiration

   Finally the case ends with "exempted from criminal punishment", the defendants and their lawyers are a triumph. The verdict of a court verdict "the case has to resolve social contradictions" taste. In the social reality under the legal background, influence the judicial social effects gradually, unification of legal effect and social effect has become the best pursuit of courts. But a manifestation of social effect is the victim understanding for the defendant's party sincerely, this kind of understanding reached the defendant need sincerity. Such as active compensation for the defendant in this case people good confession attitude, another person's fault, is the sincerity of. In this case, from criminal punishment decision, the social effects of the pursuit of a judgment of legal effect judgment than pursuit. It also gave the defendant a revelation: after the crime actively sincere remedial measures is particularly important, in the particular case may even receive beat all effect.

 

 

(in this case you win cooperation lawyers handling)