Thứ Năm, 22 tháng 8, 2019

After surrendering to an accident, can I get a reduced penalty?

After surrendering to an accident, can I get a reduced penalty?

Colliding a car into a woman, I was so panicked that I ran away from the scene. (Minh Vu)

The time of the accident was 22h, no one on the road so no one knew. A few days later, I came back to investigate, only to know that a person who had been hit by a house nearby was in a coma in the hospital.

I regret so much, I want to take care of her 5-year-old child. If I surrender now, how will I be punished? Is it possible to reduce the crime?

The lawyer answered

According to Article 260 of the 2015 Penal Code, amending and supplementing 2017 for the crime of violating road traffic regulations:

1. Those who join in road traffic and violate the regulations on road traffic safety, causing damage to others in one of the following cases, shall be imposed a fine of between VND 30,000,000 and 100,000. VND 10,000, non-custodial reform for up to 3 years or a prison term of between 1 and 5 years:

b) Inflicting injury on or causing harm to the health of a person with an infirmity rate of 61% or higher.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 3 and 10 years of imprisonment:

a) Having no driving license as prescribed;

b) In the situation of using alcohol or beer but in the blood or breath the alcohol content exceeds the prescribed level, the use of narcotic substances or other strong stimulants is used;

c) Run away to shirk responsibility or deliberately not helping victims of the accident;

d) Disobeying the orders of the operators or traffic instructions.

If you drive a vehicle that is at fault, violates the traffic safety regulations or the grounds mentioned in Clause 2, Article 260 of the Penal Code, causes the victim to live in a plant, it is likely that the driver will cause an accident. You will be subject to criminal prosecution.

Escaping is too frightening but later failing to report to the nearest police office identified as an act of shirking responsibility. This is one of the prohibited acts under Article 38 of the Road Traffic Law regarding the responsibilities of individuals, agencies and organizations when a traffic accident occurs:

1. Drivers of vehicles and people directly involved in the accident have the following responsibilities:

a) Immediately stop the vehicle, keep the scene of the scene, rescue the victims and be present at the request of competent agencies.

b) Remain at the place of accident until the person of the police office arrives, unless the driver of the vehicle is also injured and must be taken to emergency or must be taken to emergency or due to life-threatening, but must report to the nearest police office immediately.

Your act of surrender will be a fact that mitigates criminal liability, reducing the penalty when you are convicted.

Because the facts of the incident are not detailed, the lawyer cannot give specific and accurate advice about the legal responsibilities you incur. However, based on the list, the analysis above hopes that you will make smart, suitable choices to avoid unnecessary damage to yourself, and may worry about the future of a 5-year-old child, child. of accident victims.

Lawyer Quach Thanh Luc

LSX Law Firm