- My car bumped a pedestrian at an intersection in front of Hachioji station, but I ran straight away. Later, my vehicle was identified from security camera footage, then I was arrested and detained by a police officer of Hachioji Police Station of the Metropolitan Police Department…
- I had a minor collision in a parking lot of a shopping center in Shinagawa-ward, Tokyo, but I left the scene. I am questioned by a police officer at Oi Police Station of the Metropolitan Police Department…
1. Hit-and-Run Causing Death/Injury and Hit-and-Run Causing Property Damage
Hit-and-run causing death or injury and hit-and-run causing property damage falls under a breach of obligation to aid or to report an accident to a police officer provided by the Road Traffic Act.
The obligation to aid means an obligation that in the event of a traffic accident, the drivers and staff members of the vehicles and streetcars involved in the traffic accident must immediately stop driving and take the necessary measures, such as aiding injured persons and preventing road hazards (the former clause of Article 72(1) of the Road Traffic Act). A person who breaches this obligation is to be punished by imprisonment with work for not more than 10 years or a fine of not more than 1,000,000 yen (Article 117 (2) of the Act).
The obligation to report is an obligation that in the event of a traffic accident, the driver of a vehicle or streetcar must report to a police officer at the scene or at the nearest police station giving the date, time, and place where the traffic accident occurred; the number of injured persons and the extent of their injuries; damaged objects and the extent of the damage; the loads carried by the vehicles and streetcars involved in the accident; and measures taken in connection with the accident (the latter clause of Article 72(1) of the Act) A person who breaches this obligation is to be punished by imprisonment with work for not more than 3 months or a fine of not more than 50,000 yen (Article 119(1)(10) of the Act)
In a case of the hit-and-run causing death or injury, the act causing death or injury can constitute the crime of negligent driving causing death or injury. The punishment of negligent driving causing death or injury is imprisonment with work for not more than 7 years or a fine of not more than 1,000,000 yen (Article 5 of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving Vehicle, etc.)
Therefore, hit-and-run causing death or injury not only can fall under negligent driving causing death or injury but also breach the obligation to aid and report.
These crimes are to be consolidated so that the maximum term of imprisonment with work is 15 years.
In a case of the hit-and-run causing death or injury that in an event of a traffic accident under the influence of alcohol or drugs, a person who left the scene with the intent to evade the detection of the existence or extent of the influence of alcohol or drugs while driving, especially harsh punishment is provided. Where the hit-and-run causing death or injury falls under evasion of detection of influence of alcohol, etc. in case of negligent driving causing death or injury, the punishment is imprisonment with work for not more than 12 years (Article 4 of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving Vehicle, etc.)
▼Punishment concerning Hit-and-Run Causing Death or Injury and Hit-and-Run Causing Property Damage
| Charged Offense | Criminal Punishment & Statutory Penalty |
| Breach of the obligation to aid (Article 117(2) and 72(1) of the Road Traffic Act) |
Imprisonment with work for not more than 10 years or a fine of not more than 1,000,000 yen |
| Breach of the obligation to report (Article 117(5)(1) of the Road Traffic Act) | Imprisonment with work for not more than 1 year or a fine of not more than 100,000 yen |
| Negligent driving causing death or injury (Article 5 of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving Vehicle, etc.) | Imprisonment with work for not more than 7 years or a fine of not more than 1,000,000 yen |
| Evasion of detection (Article 4 of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving Vehicle, etc.) | Imprisonment with work for not more than 12 years |
2. Examples of Consultation on Hit-and-Run
- I drove away after hitting someone with my car. I want a lawyer to accompany me when I surrender to the police.
- I got arrested for hit-and-run. I want a lawyer to settle a case out of court with the victim.
- I am arrested and detained on suspicion of hit-and-run. I want to avoid a prison sentence.
- I was prosecuted for hit-and-run. I ask a lawyer to commute sentence. I want to be released on bail/
- I am questioned on allegation of hit-and-run causing property damage. I want to consult a lawyer how to respond to questioning.
In a case of committing the hit-and-run causing death or injury, there is a high possibility of facing harsher punishment, as compared to normal traffic accidents. Especially where the extent of damage by the accident is serious, it can be said that the possibility to gain suspended sentence gets lower. It is because that a judge/judges understand not only that the hit-and- run has a high risk of accident but also that the wrongfulness of the mode of accident is high.
For comparison, an intent or negligence of the offender (recognition that one may have an accident, and negligence of one’s duty to avoid an accident) is necessary to establish the crime in the case of accident causing death or injury. However, the case of the hit-and-run causing death or injury, in the sense of running away, is different. It is forewarned that even where there is no negligence in regard to accident causing death or injury so that one is exempted from criminal punishment, he/she can get arrested and punished on allegation of the hit-and-run causing death or injury, a breach of the obligation to aid the injured.
~Defense in Case of Hit-and-Run Causing Death/Injury and Hit-and-Run Causing Property Damage~
1. Understanding the Backgrounds to the Hit-and-Run Causing Death/Injury and the Hit-and-Run Causing Property Damage and the Whole Picture of the Case
When investigated or arrested by the police in the case of the hit-and-run causing death or injury, the offender tends to face harsher punishment compared with normal accidents. In the case of the hit-and-run causing death or injury, the risk to flee is likely to be accepted so that the suspect is highly likely to be arrested and detained because the suspect once ran away from the scene. When serious damage occurs such as the death of the victim or grave permanent damage, there is possibility that the offender will face a prison sentence even though he/she is a first offender.
A lawyer develops an appropriate defense policy after scrutinizing the backgrounds and motive of the hit-and-run causing death or injury, the situation at the time, and other circumstances, and understanding the whole picture of the case. The lawyer who is good at dealing with the hit-and-run causing death or injury and the hit-and-run causing property damage can defend in a consistent manner right after arrest.
2. Gaining Decision not to Prosecute, Reduce of Punishment, or Suspended Sentence
Where the fact of the hit-and-run causing death/injury and the hit-and-run causing property damage is disputed, a lawyer aims at acquisition of a decision not to prosecute, reduction of punishment, or winning of acquittal by asserting the circumstances in favor of the suspect or accused.
When the fact of the hit-and-run causing death/injury and the hit-and-run causing property damage is undisputed, the lawyer argues the mitigating circumstances after scrutinizing the mode, backgrounds, motive, number of times and frequency of the traffic violation, and criminal records. The lawyer persuasively asserts to a judge or public prosecutor that the suspect or accused will not conduct the hit-and-run causing death/injury and the hit-and-run causing property damage again because the environment to prevent recommitment such as cooperation by the family and medical treatment is organized.
The lawyer also works on the settlement negotiation by telling the victim that the suspect or accused sincerely reflects on his/herself and apologizes to the victim, and paying the damage to the victim. Because the settlement is the circumstance that the case has been solved between the parties, it is an important point for a decision not to prosecute, reduction of punishment, or suspended sentence.
3. Early Release
Where the suspect got arrested and detained by the police for the hit-and-run causing death/injury and the hit-and-run causing property damage, a lawyer argues in a persuasive manner that the suspect or accused reflect on him/herself so that there is no risk of fleeing or concealing/destroying evidence, based on objective evidence. Once released early, the suspect can go to the office or school, which makes easier for the suspect or accused to get back into society smoothly.
You can receive the best advice from the lawyers who have rich experience in the hit-and-run causing death/injury and the hit-and-run causing property damage case at AICHI Criminal Cases Law Firm. Criminal lawyers provide for “the free consultation”. We also provide with “the first interview service” that our lawyer goes to a detention cell where the suspect is detained to have an interview, at the shortest on the day.
