The subjective side expression of blame of traffic cause trouble is error, include neglectful error and overconfident unpremeditated crime, this kind of error is to show behavior person is right the consequence that behavior of oneself violate the rules and regulations may cause. Behavior person is in disobeying regulations is known perfectly well on the system likely, wait like drunken driving, overweighted, overspeed, but the consequence that causes to oneself behavior ought to foreknow and because of neglectful did not foreknow, or although already was encountered but credulous can avoid, as a result caused serious consequence.
The netizen seeks advice:
How does traffic cause trouble send a person to die to sentence on the spot? Be motor-car riding report was bumped into, he is cross driveway, converse travel, car speed of a motor vehicle is in at that time 90 the left and right sides, the person dies on the spot, family member mood is very bad, how does this kind of circumstance do?
Beijing is filled with division (Shanghai) Lei Jingqi's lawyer solves attorney office:
Blame of traffic cause trouble is affirmative. Suggest you see the cognizance of responsibility first! Advocate how to if see policeman detachment,maintain liability accident, if lose main responsibility to send,hurt 3 people above again, be sentenced likely 3 years of the following set term of imprisonments, if lose secondary,responsibility can be reduced on convict measurement of penalty. Notice a bit! The at that time speed that you say is 90, but you should look at that time how much is the speed limit of a section of a highway of travel! If was exceeded,have can maintain for main responsibility! It is less important responsibility conversely!
Lei Jingqi's lawyer is analytic:
1, " criminal law of People's Republic of China " the 133rd regulation: "Disobey traffic to carry administrative laws and regulations, produce grave accident consequently, send a person to weigh injury, death to perhaps make state-private belongings suffers great losing, be in 3 years of the following set term of imprisonments or arrest battle " . This is the criminal law regulation to blame of traffic cause trouble. (attention: It is blame of traffic cause trouble, is not cause trouble escapes blame) . But, maintaining what this blame needs to notice is, guilty object is traffic carriage safety, here " traffic is carried " it is to point to highway and waterage, do not include aviation and railway.
2, " top people court about hearing case of criminal of traffic cause trouble specific application law the explanation of a certain number of problems " the 6th regulation: "Behavior person is found out to evade law after traffic cause trouble, after leaving area of the injured party trouble spot, be concealed or abandon, cause the injured party cannot get deliverance and die or of serious disability, ought to part according to criminal law the 232nd, the 234th the 2nd regulation, with intended homicide blame of intended perhaps harm convictions punishment. With intended homicide blame of intended perhaps harm convictions punishment..
Lei Jingqi's lawyer is compensatory:
Traffic cause trouble should investigate criminal duty. Need has these two requirements: It is to should disobey traffic to carry administrative laws and regulations, 2 it is to send the person weighs injury, death or cause significant pecuniary loss. Both is short of cannot be being maintained is blame of traffic cause trouble. Traffic cause trouble escapes, it is a of aggravating punishment legal circumstances only. Add " criminal law " disobey traffic the 133rd times to carry administrative laws and regulations, produce grave accident consequently, send a person to weigh injury, death to perhaps make state-private belongings suffers great losing, be in 3 years of the following set term of imprisonments or arrest battle; After traffic carries cause trouble, escape or have other and special abominable plot, be in 3 years of above 7 years the following set term of imprisonment; Send a person to die because of escaping, be in set term of imprisonment of 7 years of above.
Legal Master, more than 10 years hold already check is senior lawyer, be good at of all kinds and great suit of civilian trade issue, building tears open change lawsuit, criminal lawsuit and case of blame bring a case to court, its economics and law major setting, can offer efficient law to engineer for party, make increase of case outcome client the biggest change, get numerous interested parties is approbated with affirmation.
