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"due To Escape Causing Death" Of Traffic Offences

Posted on:2013-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2246330395953073Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
’Death caused by hit and run" refers to the act that the offender flees after a traffic accident without warrant which leads to the victim dead lack of aid. Though "death caused by hit and run" is located in the Traffic Offense, but it is neither offense aggravated by circumstances nor offense aggravated by consequence of the basic Traffic Offense."Hit and run leads to death" is independent of traffic offence, so the establishment of the "death caused by escape" is not based on that of the basic offense."Death caused by hit and run" indicates that the "death" is caused by "run". But be aware that the element interfered does not always break the causation. In practice, the actor may be intentional or negligent. And "death caused by hit and run "can cover both these two conditions. It isn’t intentional homicide crime when the actor is intentional as some scholars say. It needs to make concrete analysis of concrete conditions.May the condition that death due to lack of aid be sentenced by other crime? At first, it can’t be sentenced by the abandonment crime which constitutes only when the victim is supported by the actor. Secondly, it may constitute the abandonment crime which against the obligation in sometimes. At last, the behavior of run without aid shouldn’t sentenced by intentional homicide crime. Because, the criminal omission should be mitigated compared to the crime with action. Actually, the penalty of "death caused by escape " can justify the condition enough.
Keywords/Search Tags:death caused by hit and run hit and run, no aid, aggravated bycircumstances, aggravated by consequence
PDF Full Text Request
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