Joke Collection Website - Mood Talk - What if the car is hit and the other party escapes and can't find anyone?
What if the car is hit and the other party escapes and can't find anyone?
1. If the car is hit and the other party can't find someone to escape, the owner of the car that was hit can call the police. After receiving the alarm, the police will conduct an inquest and inspection on the scene of the traffic accident, collect evidence and find the perpetrators. If the responsibility for the accident cannot be determined due to the escape of the perpetrator, the police will assume that the escaping party bears full responsibility for the accident.
2. Legal basis: Article 18 of the Provisions on Procedures for Handling Road Traffic Accidents.
After a road traffic accident, the party concerned fails to report to the police, and after the scene of the accident is eliminated, the party concerned reports to the traffic administrative department of the public security organ for handling. The traffic administrative department of the public security organ shall record the contents in accordance with the provisions of Article 16 of these Provisions, and make a decision on whether to accept or not within three days.
After verifying the existence of road traffic accidents, the traffic administrative department of the public security organ shall accept them and make a Registration Form for Accepting Cases; If it is impossible to prove the existence of a road traffic accident after verification, or if it is not under the jurisdiction of the traffic management department of the public security organ, it shall inform the parties in writing and explain the reasons.
Second, what are the constitutive elements of the crime of causing traffic accidents?
1, the object of traffic accident crime. Refers to the major traffic safety that is protected. Because only those who cause traffic accidents and cause great consequences constitute the crime of traffic accidents. If it is only a traffic accident, it does not cause significant consequences, it does not constitute a traffic accident crime, nor is it a protected social relationship, and it cannot constitute the object of the traffic accident crime;
2. The objective aspect of the crime of causing traffic accidents is that the perpetrator violates traffic management laws and regulations, causing serious injuries, deaths or heavy losses to public and private property;
3. The subject of traffic accident crime is the general subject, that is, a natural person who has reached the age of 16 and has the ability of criminal responsibility. In fact, people are mainly engaged in transportation. /kloc-people under 0/6 years old and/kloc-people over 0/4 years old drive motor vehicles, causing major accidents, whether the crime of traffic accidents is established;
4. The subjective aspect of traffic accident crime is negligence. Neglect and overconfidence are both valid. The negligence emphasized by the traffic accident crime refers to the psychological attitude of the actor towards the serious consequences of the accident. As for the duty of care in violation of traffic management regulations, it can be either knowingly committed or negligent, which does not affect the establishment of the traffic accident crime. If the perpetrator subjectively holds a deliberate psychological attitude towards the serious consequences caused by his behavior, then the behavior should be punished with related crimes such as intentional injury and intentional homicide, which does not constitute a traffic accident crime.
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