Henan Luohe 4 years ago, a dispute over the first instance of the drunk driving case was reviewed, and the court accepted the Blood Inspection Report of the CDC

↑ Data diagram. Picture according to ICPHOTO

Red Star News reporter ｜ Chen Qingyuan Intern ｜ Zhang Jie Ou Jiazheng

Editor -in -law ｜ Editor Tang Huan ｜ Pan Li

Recently, a controversial drunk driving case in Luohe, Henan, ushered in the first trial judgment 4 years after the incident. Red Star reporter learned from the parties Liu Pangeng that on February 2, 2021, the first instance of the People's Court of Yuanhui District, Luohe City, sentenced Liu Pangeng to dangerous driving for 4 months, and fined 20,000 yuan. During the second trial of the case, the Langhe Intermediate People's Court violated the legal procedure with the original trial and revoked the first trial judgment and sent it back to the People's Court of the Yuanhui District of Luohe City for retrial.

The focus of the dispute during the first trial is whether the Disease Control Center of Luoyang County has a judicial appraisal qualification, and the focus of the dispute over the trial of the first instance is whether the testing report issued by the center can be used as a basis for a final case. The re -trial of the People's Court of the Yuanhui District of Luohe City believes that when the Liu Pan Geng case occurs, it is not necessary to be identified by an institution with judicial appraisal qualifications.

On August 19, 2022, the judgment of the first instance of the first instance of the People's Court of the Yuanhui District of Luohe City was consistent with the judgment of the first trial. Liu Pangeng refused to accept the verdict to decide to appeal.

Focus on the controversy in the first instance:

Does the Disease Control Center of Wuyang County have judicial appraisal qualifications?

According to the first trial judgment made in February 2021 in the People's Court of Yuanhui District, Luohe City. The court was tried to find out that on the evening of August 7, 2018, Liu Pangeng was seized by the police for drunk driving. When the police on duty asked Liu Pangeng to be inspected, Liu Pangeng did not open the door for inspection as required. Liu Pan Geng was warned by the police to break the window glass to force him to get out of the car for inspection.

After the on -site detection with a fast exhalation alcohol detector, the curve of the alcohol content is displayed to the top. The police informed Liu Pan Geng's breathing test result of 80mg/100ml or more, and asked Liu Pangeng to test with a blowing alcohol detector with a printing function. Although Liu Pangeng blows many times, it has not been blown in accordance with the requirements of the test specification. The test failed to print the test results. After Liu Pan Geng was drawn blood sample that night, the blood sample was refrigerated at low temperature.

On August 8, 2018, after testing by the Disease Prevention and Control Center of Wuyang County (hereinafter referred to as Wuyang County Disease Control Center), the ethanol content in Liu Pan Geng's blood was 154mg/100ml, which has reached the standard of drunk driving motor vehicles prescribed by the state.

Liu Pan Geng said that he admitted to drinking with friends before driving, but after receiving a call from his old father to get sick, he was in a hurry, and drunk drunk driving to seek medical treatment. He did not hear the traffic police knocking on the door, shouting the door, and refusing to check.

In the first instance, the focus of the trial was the legal appraisal qualification qualification and appraisal qualification qualifications of the Disease Control and Prevention Center of Wuyang County.

Liu Pan Geng argued that the Disease Control Center and their appraisal personnel of the Wuyang County did not qualify for judicial appraisal, and the opinions of alcohol content issued could not be used as a basis for conviction to quantify. He found that in the case of cases, some procuratorial organs made a decision on the test report issued by the Disease Control and Prevention Center of Wuyang County.

According to the judgment of the first instance of this case, the court believes that the qualification identification of the testing agency held by the Disease Control and Prevention Center of the Disease Control and Prevention of the Disease Control and Prevention is a "Inspection and Testing Agency Qualification Certification" issued by the Henan Provincial Quality and Technical Supervision Bureau. Sample blood ethanol content test. The inspectors Zhao and Chen were included in the list of authorized signatures by the qualification identification authority.

The court of first instance believes that, as a inspection and appraisal agency, the Disease Control Center of Wuyang County, in accordance with national laws, regulations, etc., should be regarded as "other qualified inspection and appraisal agencies recognized by the public security organ" in accordance with the law. Content) Opinions, belong to the legal inspection and appraisal opinion of the program.

On August 26, 2019, the People's Procuratorate of the Yuanhui District of Luohe City accused Liu Pangeng offend the crime of dangerous driving and filed a public prosecution to the Yuanhui District People's Court of Luohe City. On February 2, 2021, the court sentenced the defendant Liu Pangeng to the crime of dangerous driving, sentenced to four months of detention, and fined a fine of 20,000 yuan.

Red Star News previously reported that in July of this year, a staff member of the Disease Control and Prevention Center in Wuyang County told Red Star Journalists that they did not have the qualifications of judicial appraisal. They had previously done drunk driving identification, but later they did not do it. Red Star reporter found in the 22 non -prosecution decision reported by the China Procuratorate in the 12309 China Procuratorate and found that there were 20 copies made by the Pingdingshan City Procuratorate. The control center and its test personnel do not have the qualifications of judicial appraisal, and the test report issued cannot be used as a basis for a dangerous driving case.

Among them, a decision made by the Procuratorate of the Procuratorate of Pingdingshan City City Procuratorate, mentioned in the reasons for not prosecution, mentioned that the Disease Control Center of the Disease Control and Prevention of the Criminal suspect identified the blood sample of the suspect and issued a test report for blood alcohol content. Because the center was not in Henan in Henan The Provincial Department of Justice has not obtained the judicial administrative appraisal permit. The testing agency and inspectors do not have the qualifications of judicial appraisal and violate the regulations. According to the key evidence of conviction, it is suspicious and cannot be corrected. It does not return to the need for supplementary investigations again, and does not meet the conditions for prosecution.

Corresponding focus:

Whether the Dance Yang Disease Control Center test report is accepted

Liu Pan Geng refused to accept the judgment of the first instance and appealed to Luohe Intermediate People's Court on the grounds that "the original judgment was determined that the facts were unclear, the evidence was insufficient, and the lawsuit procedure was illegal". On March 18, 2021, the Luohe Intermediate Court ruled that the first instance judgment violated the legal procedure, ruled the withdrawal of the first trial, and the case was returned to the Yuanhui District Court for retrial. During the review of the first instance, in the face of the prosecutor's allegations, Liu Pangeng and his defender Ren Dongjie believed that the evidence of this case was insufficient and could not determine that Liu Pangeng was guilty. The court should use insufficient evidence, accusing the crime from being established, and sentenced Liu Pangeng to be innocent.

Liu Pan Geng and his defenders proposed that the Disease Control and Prevention Center of the Wuyang County did not obtain a legal qualification certificate and did not have the qualifications of judicial appraisal; inspectors did not have the qualifications of judicial appraisal. The inspection report issued by the Wuyang Disease Control Center as the evidence formed by the public security organs when handling administrative cases, and cannot be used as evidence in criminal cases of drunk driving cases. The test report should be delivered to Liu Pan Geng and did not meet, deprived Liu Pangeng's right to reconsiderate and re -appraisal.

During the re -trial of the first instance, the defender and the public prosecutor "did not obtain the test report issued by the Disease Control and Prevention Center of the Disease Control and Prevention of Judicial Appraisal, whether it can be used as the use of evidence in this case".

Issues on the qualifications of judicial appraisal of Disease Control and Prevention Center of Wuyang County. The court believes that on May 14, 2020, the Ministry of Justice's identification of the blood alcohol content in the drunk driving case of the "Forensic Medicine Judicial Appraisal Classification Classification Regulations" shall be made by institutions with judicial appraisal qualifications and personnel qualifications. Based on this, the content of blood alcohol before May 14, 2020 was not included in judicial poison identification. The crime of Liu Pan Geng's dangerous driving occurred in August 2018. The test of Liu Pan Geng's blood alcohol content was not must be inspected and appraised by institutions with judicial appraisal qualifications and personnel qualifications.

Regarding whether the test report of the Wuyang Disease Control Center is accepted. The court believes that the qualification certification certificate held by the Disease Control and Prevention Center held by the Disease Control and Prevention of the Disease Control and Prevention is the "Inspection and Inspection Institution Qualification Certificate of Quality Identification Certificate" issued by the Henan Provincial Quality and Technical Supervision Bureau. The basic conditions and capabilities stipulated in administrative regulations can issue data and results with proof effects to the society. Both inspectors were included in the list of authorized signatures by the qualification identification agency. The Disease Control Center of Wuyang County is set in accordance with national laws and regulations and has an institution with inspection and testing.

After the public security organs of this case extracted Liu Pan Geng's blood samples, they sent the Disease Control Center of Wuyang County for testing and identification of blood ethanol content. In accordance with laws and regulations, the Disease Control and Prevention Center of Wuyang County, as a inspection and appraisal agency, should be regarded as "other qualified inspection and appraisal agencies recognized by the public security organ" in accordance with the law. Inspection and appraisal opinion.

Regarding the procedure issues, the court believes that in the notice of appraisal opinions, the investigation authority has informed the defendant Liu Pan Geng's right to apply for re -appraisal. Although the investigation agency did not informed Liu Pan Geng's application for re -inspection on the appraisal opinion within three days, the investigation authority complied with relevant regulations during the extraction, storage, and inspection process of Liu Pan Geng's blood samples.

On August 19, 2022, the first trial judgment made by the People's Court of the Yuanhui District of Luohe City was that Liu Pan Geng committed the crime of dangerous driving for 4 months, and fined 20,000 yuan. Liu Pangeng told the Red Star Journalist that he was dissatisfied with the verdict and decided to appeal.

Liu Pan Geng believes that since 2005, judicial appraisal agencies have been permitted by judicial appraisal agencies across the country after the judicial administrative agency permits the blood alcohol content appraisal business. There is no such thing as a judgment that the Ministry of Justice was not incorporated into the fact that the blood wine content was incorporated into the forensic poisoning gate until May 14, 2020. Therefore, the review judgment believes that at the time of the case, the identification of blood alcohol content did not have a legal judicial appraisal agency, which was seriously inconsistent with the facts.

Liu Pan Geng pointed out that in an interview with news media, the Disease Control Center of the Wuyang County acknowledged that he could not engage in drunk driving blood tests. After being exposed by the news media in 2019, the Disease Control and Prevention Center of Wuyang County stopped the business of drunk driving blood tests. The procuratorial organs of Pingdingshan did not recognize the legitimacy of the test report issued by the center, and successively made a decision on the 22 drunk driving case. In this case, the Disease Control and Prevention Center of the Wuyang County has not yet provided a certificate that can prove that it has the scope of detection capacity of human blood alcohol content.

He also said that the detection of blood alcohol content of the Disease Control and Prevention of the Wuyang County exceeded the scope of the ability to be licensed. The qualifications of the inspection and testing agency of the Disease Control and Prevention Center of the Wuyang County are classified as "health medicine" by administrative permission, not "judicial appraisal". Therefore, the inspection of human blood alcohol content in the drunk driving case of Disease Control and Prevention of the Wuyang County exceeded the scope of the ability to be licensed by administrative license.

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