| 1. | First , although traffic accident criminal is fault , but after the escape act on the traffic accident , the escape act was deliberately subjective . the perpetrator was aware of the traffic accidents , and failure to comply with statutory protection scene , rescue the wounded , wait for the police , but escaped . secondly , the traffic accident escape behavior objectively acted as escape , fled away
第三部分分析了《解释》第五条第二款有关指使肇事者逃逸的,以交通肇事罪的共犯论处的规定违背了刑事立法和刑法理论;探讨了交通肇事逃逸案件中构成不作为故意杀人罪的作为义务来源,并对不作为行为进行了具体分析。 |
