Nanchang's drunk driving was not prosecuted to quote controversial lawyers: drunk driving is being revised, and public welfare activities are worthy of reference instead of detention

In August of this year, Deng and Peng were drunk to drive motor vehicles on the road. They were transferred to the people's procuratorate of Qingyunpu District, Nanchang City for a review and prosecution by the public security organs on the road. However, because the plot of the two was mild, the assessment was qualified during the community during the community, and it was eventually exempted from prosecution.

This incident caused heated discussions on the Internet. Some netizens expressed their understanding; some netizens believe that since the law has not changed, it should be strictly implemented, and the standards are violated at will.

↑ The procuratorate reads the video screenshot of the video of Deng and Peng's decision to decide not to prosecute

Cao Xinya, director of Jiangsu Sanwen Law Firm, believes that it has been 11 years since the drunk driving sentence has been revised from a technical level. The value orientation of the personnel to give back to the society is good. The criminal law itself is humble. If there is no serious consequences, why not give him a chance to change the new opportunity? "

Participate in social volunteer service

Nanchang two drunk driving prosecutors made decisions of non -prosecution

According to Nanchang Traffic Police, the National Public Security Organ's summer public security cracking down on the "100 -day operation", Nanchang Traffic Police continued to carry out drunk driving rectification operations from June 25 to September 4th, and investigated and punished for a total of 1239 drunk driving. From 578.

↑ Nanchang traffic police conduct drunk drunk driving rectification operation. According to Nanchang Traffic Police

According to local media reports, in August of this year, Deng and Peng were transferred to the people's procuratorate of Qingyunpu District, Nanchang City in the Qingyunpu District People's Procuratorate by the public security organs. However, the prosecutor considers that Deng Mou was mild and voluntarily pleaded guilty, etc., and the prosecutor was asked to discuss the decision by the prosecutor to deal with Deng.

Subsequently, the People's Procuratorate of Qingyunpu District issued a "Social Volunteer Service Suggestion" to Deng, recommending it to the Hefangdong Community of Sanjiadian Street in Qingyunpu District to carry out social volunteer services. During the period, Deng was engaged in volunteer services such as cleaning up small wall advertisements, cleaning the roadside garbage, placing an electric vehicle, and assisting in the development of nucleic acids.

↑ Screenshots of Volunteer Video of Driving Persons in the Community

After completing the volunteer service, the He Fangdong Community played "excellent" to Deng in the "service evaluation opinion" column. The same group of Peng Mou completed volunteer services such as Ping An patrol, cleaning streets, and civilized persuasion in the community. After passing the assessment, he also received a "non -prosecution decision" issued by the procuratorial organs.

The People's Procuratorate of Qingyunpu District reads the decision not to prosecute Deng and Peng in person: "You drunk driving motor vehicles on the road, violating the criminal law of the People's Republic of China. In view of your mild crimes, voluntarily pleaded guilty and confession, and combined with you participating in participation In the comprehensive performance of social volunteer services, the court decided to make no prosecution to you. "

This incident caused heated discussions on the Internet. Some netizens expressed their understanding; some netizens believed that the prosecutor's "not prosecution" decided to be unfair.

Red Star reporters contacted the People's Procuratorate of Qingyunpu District, Nanchang City, but did not get the other party's reply as of press time.

According to the provisions of the Criminal Law, drunk driving motor vehicles will be detained and fined. According to the "Personal Blood, Exploring the Experience Threshold and Examination of Essence of Alcohol", the alcohol content in the blood in the blood of the driver of the vehicle is greater than or equal to 20mg/100ml, less than 80mg/100ml, which is drunk driving; In order to drive drunk, the driver will be revoked by the motor vehicle driving license, and at the same time investigate criminal liability according to law.

The number of drunk driving has exceeded the crime of theft

Some experts have called for the criteria for raising drunk driving judgment

Red Star reporter consulted the China Judgment Document Network and found that before the prosecutor's prosecution was sued by the procuratorate, the procuratorate sentenced the driver to the driver's detention within half a year and fined a fine of less than 10,000 yuan.

Regarding the decision to determine Deng and Peng Mou and Peng Mou's minor decision, Cao Xinya, the director of Jiangsu Sanwen Law Firm, believes that at present, the implementation standards for the implementation of drunk driving prosecution in various parts of the country are inconsistent. The standard is that the alcohol content is below 140mg/100ml, and does not have unlicensed driving, driving on high -speed roads and fast roads, and drunk driving.

"Why is it commented? Because the theft has always been the highest crime rate, but in recent years, the crime of dangerous driving as a legal crime has exceeded the crime of theft and has become the highest crime of crime in my country." Lawyer Cao Xinya Xiangxiang Xiangxiang Xiang Xiangxiang Red Star reporter said that it has been 11 years since drunk driving. It has previously strictly determined that the alcohol content in the blood is greater than or equal to 80mg/100ml. For example, Jiangsu Province stipulates that without any other punishment, the alcohol content of the car driver is below 140mg/100ml, and the alcohol content in the blood of the motorcycle driver is below 160 mg/100ml, which can be exempt from lawsuit. The explicit regulations are adjusted by performing internal files at the judicial level.

During the National Two Sessions this year, "drunk driving" became a hot topic again. Dai Hongbing, a member of the National Committee of the Chinese People's Political Consultative Conference, believes that the crime of dangerous driving must be considered by the degree of harmfulness. If the harmfulness is not great, or the result of the harm to the victim is not obvious, you cannot simply drink or drink from the other party to a certain extent to a certain extent. driver. Zhu Lingyu, a representative of the National People's Congress and director of the Guangdong Guoding Law Firm, proposed to cancel the crime of drunk driving dangerous driving and through administrative detention and heavy fines. Member of the Eleventh and Twelfth National Committee of the Chinese People's Political Consultative Conference, Shi Jie, a lawyer of Sichuan Dingli Law Firm, said in an interview with Red Star Journalists that if 300,000 people are criminally investigated by drunk driving each year, the number is indeed too large, but if the law is conducted on the law, Optimization, waste of judicial resources may be improved. "Although the judicial interpretation at that time clearly made the alcohol content per 100ml of blood reached 80mg as the basic point of whether it was drunk, but there was a question that the tolerance of the alcohol content of the Chinese was far more than 80mg, which is difficult to judge." He also called on that motorcycle drunk should not be punished because it did not reach the "considerable degree of harm" in the sense of criminal law.

Attorney Cao Xinya believes that from the perspective of the theory of criminal law, there is a suspected of being different from the same case to a certain extent. Whether it is contrary to the legal principles of crime is also worth exploring. However, the trend of light torture is good. Some CPPCC members have also proposed that the criterion for crime of dangerous driving crimes is appropriately raised by the original 80mg/100ml?

Drunk driving does not prosecute the increase in cases

Lawyers say that public welfare activities replaced detention and are worthy of reference

Red Star reporters have found that in recent years, the number of drunk driving -free cases have been increasing.

For example, on October 16, 2021, Chen Mou, a senior student in Pingtan County, Fujian to celebrate his 18th birthday with friends. Later, because his friends were unaware, Chen who was drinking was unlicensed and lightweight. Police from Tanxian Traffic Police Department intercepted inspection. After identification, Chen's blood alcohol content was 85.22mg/100ml, which has reached the standard of drunk driving and suspected of dangerous driving crimes.

The prosecutor handling the case considers that Chen was just 18 years old and performed well during the school period, without violating the school discipline, etc., and was able to confess his guilty and guilty. In order to achieve the purpose of warning education, the procuratorate conducted education and training to Chen when the decision to not be prosecuted.

Recently, the traffic police brigade of the Xiayi County Public Security Bureau of Shangqiu City, Henan Province launched a special operation of drunk drunk drunk investigation and punishment. Under the leadership of the traffic police, he participated in the streets to carry out public welfare persuasion.

It is understood that the People's Procuratorate of Xiayi County will have low alcohol content in the blood, no traffic accidents, non -licensed driving, and driving licenses during the validity period, no falsification of motor vehicle license plates, no escape punishment, no other aggravated plot behavior behavior behavior behavior behavior behavior behavior behavior Drunk drivers are listed as "desertent" objects. The content of the public welfare service includes assisting the traffic police to persuade traffic violations such as riding motorcycles, electric vehicles without safety helmets, and publicize the hazards of drunk driving, the cost of drunk driving and drunk driving to others to the past. Essence

"For drunk drivers with a lighter crime, it is a good exploration for it to participate in social public welfare services at the same time." Lawyer Cao Xinya said, "This drunk driver is free of charge. The value orientation of society is good. Although there are no legal documents, many regions are already discussing. I think it is a positive approach. Drunk driving is not without a crime, but the plot is slight. Do not prosecute. "

"This experience is worthy of reference. If there is no serious consequences, why not give him a new chance?" Lawyer Cao Xinya said that the purpose of punishment is based on education and punishment. Social welfare is not only punishment, but also education, but also a more effective way of education than Keke. Now the amendments to the crime of drunk driving dangerous driving are made by the actual situation of the current society in order to achieve social effects and legal effects.

Some lawyers also told Red Star reporters that drunk driving must not be prosecuted, and they must meet the case of the case lighter, do not constitute a crime, or the case has exceeded the lawsuit time. At the same time, some special conditions may not be prosecuted, such as the criminal suspect has died or has a pardon order exempt from related punishment.

Red Star News reporter Lu Yanfei

Edit Yu Dongmei Zhang Li

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