Is there any criminal responsibility for driving and killing people?

Traffic accidents always happen inadvertently, and many people die in traffic accidents. Both the perpetrator and the victim's family will be hurt. It is indisputable that drivers who kill people by driving should bear civil liability for compensation, so should drivers who kill people by driving bear criminal liability? Below I will answer for readers, hoping to help everyone.

First, whether there is criminal responsibility for driving and killing people.

There are two ways to look at this problem. The first is that there is no illegal behavior in traffic accidents, and people are killed in accidental traffic accidents. If there is no illegal act of killing, it can only be considered as a traffic accident and will not bear criminal responsibility. According to the law, killing people without fault or slight fault but without intention is just a violation of the road traffic safety law, and there is no criminal responsibility and no need to go to jail. The second situation is that traffic accidents violate traffic laws and regulations, causing traffic accidents to cause death, and there are fault circumstances stipulated in the criminal law or intentional homicide, which violates the criminal law and requires imprisonment. According to the provisions of the criminal law, if an accident is caused by violating traffic regulations, resulting in death, serious injury and heavy property losses, it can constitute a traffic accident crime. The crime of causing traffic accidents refers to a serious accident in violation of traffic regulations, which causes serious injuries, deaths or heavy losses to public and private property, and is 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. However, the death caused by a traffic accident constitutes a "traffic accident crime", and not everyone will be convicted and sentenced, but also depends on the determination of the responsibility for the accident. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents, the following situations constitute the crime of traffic accidents. Fixed-term imprisonment of not more than three years or criminal detention:

(a) causing one death/serious injury to more than three people, and taking full/main responsibility for the accident;

(two) more than three people died, and bear the same responsibility;

(3) Causing direct property losses, taking full/main responsibility for the accident, and unable to pay compensation of more than 300,000 yuan (for example, knocking down a house requires compensation of 6.5438+0.3 million yuan, and patchwork can only get 999,000 yuan, so the remaining 3.065438+0 million yuan requires jail compensation).

(4) One or more people are seriously injured due to traffic accidents, and they are fully/mainly responsible for the accident, and have the following circumstances: drunk driving/driving under poison, driving unqualified, knowing that the safety device of the vehicle they are driving is out of order, knowing that the vehicle they are driving is unlicensed/scrapped, seriously overloaded, and escaping after the accident. These four articles constitute the minimum standard of the crime of causing traffic accidents, and below these four articles, they do not constitute the crime of causing traffic accidents.

Road traffic safety law

Article 76 If a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third-party liability insurance; The insufficient part shall be liable for compensation in accordance with the following provisions: (1) In case of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions. (two) motor vehicles and non-motor vehicle drivers and pedestrians have traffic accidents, and the non-motor vehicle drivers and pedestrians are not at fault, and the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation not exceeding 10%. The loss of traffic accidents is caused by non-motor vehicle drivers and pedestrians deliberately colliding with motor vehicles, and the motor vehicle party is not liable for compensation.

The Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of criminal cases of traffic accidents.

Article 2 A traffic accident, in any of the following circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention: (1) Causing one death or serious injury to three or more people, and bearing all or major responsibility for the accident; (2) An accident in which three or more people died and were equally responsible; (3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan. If a traffic accident causes serious injuries to more than one person and bears all or major responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident: (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 with knowledge of unlicensed or scrapped motor vehicles; (five) serious overload driving; (six) to escape from the scene of the accident in order to escape legal investigation.

Criminal law of the people's Republic of China

Article 133 Whoever violates traffic rules and causes a traffic accident, thus causing a serious accident, causing serious injury or death to people 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; 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.

Second, how to identify the responsibility for traffic accidents?

(1) The following sixteen situations that cause death in traffic accidents are usually considered as full responsibility: 1, rear-end collision with the preceding vehicle; 2. An accident occurred when changing lanes; 3. A traffic accident occurs after reversing or slipping; 4. Driving into a motor vehicle lane from a road or non-motor vehicle lane; 5, the green light release or no signal light control of the intersection turning car did not let the straight vehicle pass; 6. Vehicles entering the roundabout do not give way to vehicles driving out or in the roundabout; 7, crossing the road center solid line or isolated solid line accident; 8. Drive in the opposite direction; 9. A traffic accident occurs when overtaking on the right side; 10, overtaking normally turns around, turns left or the overtaking vehicle collides; 1 1, a traffic accident occurred when running a red light; 12, with signs and markings prohibiting U-turn, causing traffic accidents at crosswalks, bridges, steep slopes and tunnels; 13, colliding with vehicles that can be temporarily detained or parked according to law; 14, opening and closing the door caused a traffic accident; 15, when a motor vehicle enters or exits the parking lot or parking berth, it has an accident with a normal driving vehicle; 16, unilateral traffic accident.

(2) If a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the role their actions played in the accident and the severity of the fault;

(3) The parties are not at fault for causing road traffic accidents. If it is a traffic accident, neither party is responsible. If one party intentionally causes a road traffic accident, the other party shall not bear the responsibility.

The above knowledge is my answer to relevant legal questions. Whoever kills a person by driving shall bear the responsibility according to the responsibility identified. Traffic accident crime is a traffic accident crime, and it is very important to identify the traffic accident crime that violates traffic rules and causes disability. If you escape again, the situation will be more serious. Therefore, when traveling by car, especially when you can't see all the cars at once, you must drive carefully. Going out to play on holidays is a pleasure. Don't let the car problem affect your interest. You must remember that there are thousands of roads, and safety comes first.