In traffic law, hit run is an action that causes a traffic accident and does not stop thereafter. This is considered an additional crime in most jurisdictions.
Video Hit and run
Additional Liability
In many jurisdictions, there may be additional obligation to exchange information about a person's financial liability (including applicable insurance) or to call emergency services if necessary. There may also be a requirement to leave records containing related information if the property owner is not present.
Maps Hit and run
History
The laws that are run and carried out arise from the difficulties faced by victims of early collisions in identifying the perpetrators so that they can be brought to justice. Despite the obvious ability of a car to escape from the scene quickly (if it still can be driven), the driver often wears the driving glasses, the vehicle at that time has no license plate, and the streets are not paved and thus dusty enough.
Legal consequences
The consequences of hit-and-run law may include suspension or cancellation of a person's license; lifetime removal of a driver's license is possible within certain jurisdictions. These are often regarded as criminal offenses that can be punished by fines and imprisonment. Insurance companies often raise the cost of insurance or even cancel the driver's policy involved in this violation.
The attempt to understand the mental state of the hit and run driver begins immediately after the violation becomes codified and has recently been explored in an article entitled "The Psychology of Hit and Run" (2008).
Country-specific fines
Australia
Under Australian law, a driver involved in an accident must stop at the scene and give their information to all other drivers involved and whoever is injured, as well as the owner and the damaged property driver, and a police officer if:
- Anyone is killed or injured;
- Vehicles involved in an accident are withdrawn or taken from an accident by another vehicle;
- Any other driver involved in an accident does not stop exchanging information;
- A police officer asks for any information.
The demerit points system is used for traffic violation commissions in Australia; for each violation committed, a number of points are awarded, and the accumulation of points may result in fines and suspension of licenses or revocations. When a driver fails to stop at the scene and provide necessary information to the people he needs, he is guilty of blows and runs, which carries a maximum penalty of 20 points.
Canada
Hit and run are defined in Canada as a failure to stop at the crash site under the Criminal Code and subject to a sentence of up to 5 years in prison. If physical damage or death is caused in an accident and the prosecutor can prove that the defendant is aware of the danger or physical death, maximum sentence up to 10 years in prison or up to life imprisonment, respectively.
For a person convicted of failure to stop at the crash site, the prosecutor must prove that the defendant is aware of the accident, the defendant voluntarily fails to stop and provide assistance and the intention not to stop is to avoid or criminal liability. While the prosecutor bears the traditional criminal charge of evidence beyond reasonable doubt, the accused is deemed to intend to avoid civil or criminal liability if the prosecutor can prove any other elements of the offense. This reverse onus has been considered a justified limit under section 1 of the Canadian Charter of Rights and Freedom.
Canadians are also required to provide their name, address and license number in writing in accordance with Sec. 252 (1) of the Criminal Code. Depending on the provincial laws, other pieces of information may be requested such as: insurance number and license plate. Car Insurance is mandatory in Canada.
If the defendant is also punished for other violations in connection with the accident, the court will often make sentences to hit and run in succession for punishment for other offenses, the reason being hit and run is often done in order to avoid criminal or civil liability.
China
Article 101 of the Road Traffic Safety Act of the People's Republic of China regulates that in major accidents, hit and run results in the revocation of driving license of the offender, and up to a lifetime ban to obtain another one.
Article 133 of the Criminal Code in 1997 stipulates that it strikes and runs after incidents that result in death, severe bodily harm or major property damage can be punished with imprisonment of 3 to 7 years, and a long-term prison of 3 to 7 years if there is an attempt to escape from the scene of the accident or engaging in other highly visible circumstances, and imprisonment remains not less than 7 years if the escape attempt causes death.
German
Anyone who has caused a traffic accident, or contributed to it, has a duty to identify themselves to the victim or other contributors. If the victim is not present (as in the case of car parked damage) the person causing the accident has to wait for a certain time. If the victim does not appear, she should report the accident at the next police station without delay. Violation of these rules ("leaving the scene of the accident" illegally) can be sentenced to up to three years in jail or a fine (article 142 of Strafgesetzbuch ).
Different in that it applies not only to those directly involved in accidents, article 323c states that anyone who fails to provide necessary assistance in an emergency may be sentenced to up to a year in jail or a fine. This only applies if providing assistance is a "reasonable burden" - when it can happen "especially without putting yourself in grave danger or neglecting other important tasks". Not explicitly asked to help is not an acceptable reason for not doing so. In traffic accidents, for example, the expected action will secure the site from a follow-up crash, call emergency services, and provide first aid to your ability until professional help arrives.
Hong Kong
Where, due to the presence of vehicles on the road, accidents happen everywhere,
- (a) personal injury occurred in a person other than the driver of the vehicle; or
- (b) damage caused to-
- (i) vehicles other than such vehicles or trailers of such interest;
- (ii) an animal (horse, cattle, donkey, donkey, sheep, pig or goat) other than animals in or in that vehicle or such trailer; or
- (iii) anything else that is not in or on the vehicle or the trailer drawn so, the driver of the vehicle will stop. Otherwise, the driver commits an offense and is responsible for a fine of 10,000 Hong Kong dollars and imprisonment for 12 months.
Macau
Leaving the victim of a criminal convicted crime up to 3 years or fined.
South Korea
Hit-and-run is described in Articles 5-3 of the Worst Penalty Act, etc. Special Crime. There are two parts to this Act.
If the driver escapes after killing or causing the death of the victim, Section 1 punishes a minimum sentence of five years in prison (with a possible fine of 5 million-30 million won) with a maximum life imprisonment sentence.
If the driver removes the victim from the crash site and flees after leaving the victim, Section 2 requires a minimum of three years in prison if the survivor survives. If the victim dies, his sentence is life imprisonment or death sentence.
Taiwan
Administrative fine
Article 62 of the Law Regulating Penalty of Violation of Road Traffic Regulations enacted on December 28, 2005 and effective on July 1, 2006 implies the following administrative penalties:
Part 1: Without personal injury and death, motorists affected by hit-and-run will be subject to a new 1,000 to 3,000 Taiwan dollar administration fine and suspension of their driving license for 1 to 3 months.
Section: 4: With a minor personal injury, the driver of a hit-and-run motor vehicle shall be deprived of his driver's license, for 1 year pursuant to Article 3 of Article 67. With serious injury or death, hit-and-run motor vehicle drivers may be deprived of their driver's license, for life in accordance with Article 1 of Article 67, but Section 67-1 allows the possibility of waiver after a 12-year termination if the cancellation involves personal death, or 10 years if it involves serious personal injury.
Criminal penalty
With personal injury or death, motorists who are beaten and executed are also subject to imprisonment of 6 months to 5 years under Article 185-4 of the Republic of China Criminal Code. Hit and Run, though illegal, is rarely tried in Taiwan. Drunk drivers have a much heavier penalty so that drunk drivers involved in collisions rarely stop to be tested.
Case law
On September 13, 1991 in the Taiwan Territory, Yuan Justice of the Republic of China in his Interpretation 284 considers that revoking a driver's license for an accident and running a vehicle involving personal injury or death would not violate the Constitution of the Republic of China.
On October 19, 2001 in the Taiwan Territory, Yuan Justice of the Republic of China in his Interpretation 531 further considers that lifetime removal of driver's licenses for vehicle accidents and runs involving personal injury or death would not violate the Constitution of the Republic of China.. However, this Interpretation also suggests the relevant authorities responsible for reconsidering lifetime removal and considering recovery for drivers who are rehabilitated.
United States
The hit and run penalty (and definition) varies from state to state in the United States. For example, in Virginia, a crime is a crime in the event of an accident causing death, injury, or damage to an attended property exceeding a certain dollar amount; otherwise, it is a minor offense. In California, a crime can be a violation, a minor offense, or a crime depending on whether there is property damage or bodily injury.
In Texas, crime is a third-degree crime if a collision involves death or serious bodily injury. Collisions that cause less serious injuries may be sentenced to jail in the Texas Department of Justice for no more than five years, or a jail in a county jail for no more than a year, a fine not exceeding $ 5,000, or both. Collisions that cause $ 200 or more total damage without injury can be punished by class B errors, and collisions that cause less than $ 200 in total damage are class C errors.
In New York, leaving the scene without reporting it is a traffic violation, and if personal injuries are involved, then it becomes a minor crime. There is also a much higher fine if an animal is injured in a collision and collision.
References
External links
- The video shows the rider leaving the hit-and-run victim to die
Source of the article : Wikipedia
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