“Fleeing the scene of an accident” should be considered carefully

2022-05-18 0 By

The Supreme People’s Court on the concrete application of law in trying criminal cases of traffic accident problem of interpretation (hereinafter referred to as the “explanation”) as prescribed in paragraph 2 of article 2: traffic accident cause serious injuries, more than one person all or major accident responsibility, have to avoid law shall be investigated to flee the scene of the accident situation, to traffice offences convicted and punished.However, the judicial interpretation does not elaborate further on what is meant by escaping from the law or the scene of an accident.In judicial practice, some case investigators do not find the party at the first scene, directly identified the party escaped.This will often result in a “lose-lose” outcome, not only the parties to bear criminal responsibility, but also the vehicle insurance commercial insurance insurance company will refuse to settle claims on this reason, the rights and interests of the victim can not be protected.And traffic accident cases, as occurred in the crowd around a typical “small case”, and is a matter of public interests, the procuratorial organs how to do with love attentively earnestly do a good job in the side of a “small case”, realize “three effect organic unification,” let not wrongfully convicted innocent people, let the guilty are punished when the crime, let the victim full specified amount being paid, worthy of deep thinking.For this reason, the author through the wang mou traffic accident case for this hospital as a model analysis, that in dealing with traffic accident cases to “escape from the scene of the accident” should be identified prudently.In early June 2020, Wang rear-ended the motorcycle driven by the victim Li Mou a, causing Li Mou a injury and two damaged cars in a traffic accident.After the accident, Wang immediately dial 120, and contact the victim’s wife Li Mou b, sister Li Mou C, Wang accompanied the victim on the ambulance, then pick up Li Mou B and Li Mou C came to the hospital.The same day Wang paid medical fees of more than 7000 yuan, Wang at the same time notify the owner of huang mou, Huang mou has been waiting in the hospital and li Mou b, Li Mou C communication, during which each other leave the phone and add wechat, after Wang mou to raise money on the grounds of leaving.Soon afterwards, the police came to the hospital, Huang said he is the owner, Wang is the driver.Because of the moment and Wang can not contact, the police let Huang inform Wang to work time traffic police investigation.Later, Wang paid more than 115,000 yuan to the victim on wechat, and the victim also took photos of the bill to wang.In June 5, 2020, Huang and Wang together according to the requirements of the traffic police to explain the situation, because of the day the group of police take turns to rest, June 6 Huang again with Wang surrendered to the investigation.After the appraisal, li mou a was injured for a serious injury;After the accident affirms, Wang mou bears full responsibility, and the accident affirms to the police did not see Wang Mou in the hospital on the grounds that it has escaped from the plot.Public security organs according to the “interpretation” of the second paragraph of the second, wang mou suspected of traffic crimes on file, transferred to the procuratorial organs for examination and prosecution.Review indictment process, case handling personnel to whether Wang mou conforms to “to escape from the scene of the accident to escape from the law” into the crime standard dispute.After a joint meeting of prosecutors, it was concluded that this case should not be considered as “fleeing the scene of the accident to avoid legal action”.First, the “accident scene” cannot be extended.Article 133 of the Criminal Law and the “Interpretation” at the same time stipulates two escape situations: escaping after a traffic accident and escaping from the scene of the accident. The former refers to the actor’s behavior of escaping after a traffic accident in order to avoid legal investigation.The latter refers to the act of fleeing the scene of an accident to avoid legal action.There is no limit on the time and place of traffic hit-and-run as stipulated in the Interpretation. As long as it is a traffic hit-and-run in order to escape from legal investigation, no matter the time and place of escape, it can be regarded as the circumstances of aggravated punishment, but this aggravated circumstance is based on the premise that the crime of traffic hit-and-run is established.In contrast, escape from the scene of an accident as an incriminating circumstance is clearly defined as the scene of the accident.Different legal terms reflect different legislative intentions.Based on the system interpretation, the site of the accident has strict location restrictions, limited to the site of the accident, and cannot be extended interpretation.The second is wang mou did not escape the subjective intention of legal investigation.First, Wang sent the victim to the hospital in a timely manner after the accident, and pay medical expenses of more than 7,000 yuan, and when it left the hospital to let the car owner in the hospital to take care of the victim.Second, Wang said that he left the hospital to raise money, and there is evidence to prove that he did transfer money to the victim’s family several times after leaving the hospital, a total of more than 100,000 yuan.Third, before and after Wang’s surrender, the victim and Wang can maintain unblocked contact between the party.In fact, the public security organs in the first time after the case that the identity of wang mou situation is completely mastered, Wang mou also took the initiative to the public security organs.Therefore, wang mou can not be identified to leave the hospital is to avoid legal investigation.Three is wang mou’s behavior does not belong to escape the scene of the accident.After the accident, Wang immediately stopped, and called an ambulance to accompany the victim to the hospital treatment.The hospital does not belong to the scene of the accident. In the case that Wang left the hospital for raising money, the hospital cannot be identified as the continuation of the scene of the accident, and the police did not find Wang in the hospital because it belongs to escape.And the fact that he left the hospital did not result in the victim being denied assistance.Fourth, Wang mou does not have the motive of evading responsibility.The vehicle involved in this case is insured with 1 million yuan of commercial insurance, can fully compensate, and from the day and Wang mou went to the hospital with the victim’s family learned that Wang mou also does not exist drunk driving situation, in this case, Wang mou does not have any potential motive to escape responsibility.Fifth, the victim’s family members do not recognize wang mou’s escape from public security organs.In April 2021, the case by the organization of public hearing, and by the investigation committee discussion, agreed that Wang mou “to escape from the scene of the accident to avoid legal investigation” is not established, and finally the court made a decision not to prosecute and publicly announced.(Source: Procuratorial Daily)