According to Article 133rd of the Criminal Law of People's Republic of China (PRC):
In violation of traffic regulations, a major accident occurs, causing serious injury, death or heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;
Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Extended data:
Anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
The crime of causing traffic accidents refers to a criminal act that violates road traffic management laws and regulations, causing serious traffic accidents, causing serious injuries, deaths or heavy losses to public and private property, and shall be investigated for criminal responsibility according to law.
The crime of causing traffic accidents is a crime that negligently endangers public safety. According to China's criminal law theory, the establishment of any kind of crime must have four elements, namely, the object of crime, the objective aspect of crime, the subject of crime and the subjective aspect of crime. Therefore, we still use the four constitutive elements of crime to illustrate the characteristics of traffic accident crime. That is, whether the traffic accident behavior constitutes a traffic accident crime, its only criterion is the criminal constitution of the crime.
According to the provisions of Article 133 of the Criminal Law, there are three different punishment levels (sentencing levels) for traffic accidents:
Whoever commits a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Those who escape and cause death shall be sentenced to fixed-term imprisonment of more than 7 years (a few sentenced to 15 years).
major malfunction
Whoever violates the traffic and transportation management regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
The so-called "major accident" here refers to any of the following circumstances according to Article 2, Paragraph 1 of the Interpretation:
(1) Causing one person to die or more than three people to be seriously injured, and taking full or main responsibility for the accident;
(2) Causing more than 3 deaths and taking equal responsibility for the accident;
(3) Causing direct losses to public property or other people's property, taking full or major responsibility for the accident and being unable to pay compensation of more than 300,000 yuan.
Paragraph 2 of Article 2 of the Interpretation stipulates that if a traffic accident causes more than one person to be seriously injured and bears all or the main responsibility for the accident, he shall be convicted and punished for the crime of traffic accident in any of the following circumstances:
(1) driving a motor vehicle after drinking or taking drugs;
(2) driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving while knowing that it is an unlicensed or scrapped motor vehicle;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
Other particularly bad situations.
Other particularly bad circumstances refer to any of the following circumstances:
(1) If two or more people are killed or five or more people are seriously injured, they shall be fully or mainly responsible for the accident;
(2) more than 6 people were killed and were equally responsible for the accident;
(3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and unable to compensate for the amount of more than 600,000 yuan.
According to article 133 of the Criminal Law, those who commit traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
Those who escape and cause death shall be sentenced to fixed-term imprisonment of more than 7 years (a few sentenced to 15 years).
Article 6 Where an actor hides or abandons the victim after a traffic accident to avoid legal investigation, resulting in the death or serious disability of the victim, he shall be convicted and punished for intentional homicide or intentional injury in accordance with the provisions of Article 232 and Article 234, paragraph 2, of the Criminal Law respectively.
References:
People's Republic of China (PRC) Criminal Law-Baidu Encyclopedia