| 英文摘要 |
The legislative design and interpretation of Hit-and-Run Offenses should be aligned with the duty to act as mandated by traffic regulations. This crime should ideally be reclassified under the Road Traffic Management and Penalty Act, considering the principle of criminal law as a last resort to distinguish it from mere administrative traffic violations. The element of causing injury or death in an accident is crucial in the criminalization process. This distinction excludes punishability the scene after causing only property damage and underscores that the offender’s duty is primarily to protect the interests of accident victims.
In essence, this crime serves a multiple purpose: safeguarding life, bodily integrity, and property. If an offender flees the scene without verifying whether the victims need assistance, they should be guilty of this crime, regardless of whether the victim has already died, or the offender was aware of causing injury or death. Additionally, if an offender checks and confirms the need for assistance but still flees to avoid compensation, they should also be guilty. Conversely, if there is no need for assistance, the act of fleeing, which lacks the potential to harm creditors’ rights, should be excluded from punishability. In such cases, the offender should be given the opportunity for a reduced sentence by making amends afterward. |
