Traffic disputes are maliciously forced to drive? A trick to tell the other party, beg you to let him go!
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In the event of a malicious act of forcing a car , if there is no accident, most people usually report directly. According to the traffic accident penalty regulations, a fine of up to 24,000 yuan can be imposed and the driver's license can be revoked (if there is an accident, the driver's license will be revoked). However, some people are particularly infuriating. They make mistakes but rely on the fact that there was no accident. They keep shouting in Taiwanese: "Did you bump into it?" Then let's talk about the " criminal liability " that may be caused by maliciously forcing a car even if there is no accident.
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Forcing or stopping a car may constitute a coercive crime
Maliciously forcing a car or blocking a car may hinder the party's right to drive freely on the road. Basically, as long as the other party has the means to achieve "coercion" and force the party to perform "no obligation", it is possible to establish a compulsory crime regardless of whether the purpose is achieved or not. . In fact, these things are simple to understand. When you are not obliged to stop, someone uses rude means to coerce you to cooperate, which may involve a coercive crime, and it is not limited to forcing the car. The same is true for the theory of intending to stop the car and coerce you to get off.
Article 304 of the Criminal Law: Whoever uses rape or coercion to force a person to do something without obligation or obstructs the exercise of a person's rights shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or a fine of not more than 9,000 yuan.
The attempted violation of the preceding paragraph shall be punished.
(Selected article: How to deal with car accident disputes? Clarify the cause of the accident and be careful to reconcile! )
Forcing a car may constitute the crime of obstructing the safety of public traffic
If forcing a car occurs in a situation with large traffic flow and high speed, such as: peak hours, highways, etc., it may seriously affect the safety of other drivers, and it is possible to establish the crime of obstructing the safety of public exchanges, which is not necessarily required . An accident can only be established, and it is commonly known as a public prosecution. But on the other hand, if the road is sparsely populated, speeding is slow, or the driving time is relatively short, it is difficult to establish this crime, and it may be dealt with as a compulsory crime or a report depending on the intensity of the driving.
Article 185 of the Criminal Law: A person who damages or blocks land, water, bridges or other equipment for public communication, or otherwise causes danger to communication, shall be sentenced to fixed-term imprisonment of not more than five years, short-term imprisonment, or a fine of not more than 15,000 yuan.
Penalty for attempt in the preceding paragraph
(Selected article: What to do in a car accident? 3 minutes to understand the preliminary judgment table and appraisal report )
Did you know that forcing a car may involve homicide?
This is a relatively extreme case. For example, the other party is driving a large truck, knowing that you have nowhere to dodge but deliberately accelerating towards you. If the other party clearly recognizes that this behavior will lead to death, in the case where the objective situation and subjective intention are clear Still doing this, it cannot be ruled out that he has murderous intent. However, it is not easy to prove homicide , and the defendant will always have the assistance of a defense lawyer . Without the assistance of a lawyer , we believe that in addition to reporting according to the facts, we should also pay attention to whether there is any mystery in the verbal debate. .
If you want to know more about the malicious act of forcing cars, please feel free to call the toll free service line at any time.
Article 271 of the Criminal Law: A murderer shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than ten years.
The attempted violation of the preceding paragraph shall be punished .
(Selected article: If the other party does not reconcile criminally, can I still get a suspended sentence? )
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