The first criminal defendant in the Lanshan District People's Court of Linyi City

Qilu.com · Lightning News, June 24th. On June 21, the Lanthan District People's Court of Linyi City sentenced a traffic accident in accordance with the law. Because the defendant had no trial ability, the case was tried in the form of the defendant's absence and made a judgment in accordance with the law. The case was the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" in 2021. Since the relevant litigation procedure of "absence of trials", the Langshan Court's first case was absent from court due to severe diseases who could not appear in court due to severe diseases. Criminal case.

At 00:00 on September 9, 2015, the defendant Cao Moufu drove the Zongshen's unlicensed license for ordinary motorcycles. When the provincial road 229 was driving from east to west to the road section of Jiangcun, Fangcheng Town, Lantong District, Linyi City, he and Tan were with Tan The collision of electric bicycles driving caused by road traffic accidents, causing Tan Moumou's brain damage to death, Cao Moufu's severe brain injury (secondary limb disability) and vehicles on both sides were damaged to varying degrees. The defendant Cao Moufu assumed the main responsibility of the accident.

After the Lanshan Court accepted the case, the defendant Cao Moufu was identified as a severe mental disorder (severe dementia) due to a brain trauma. Six months later, with the consent of close relatives, he was absent from the law for trial.

The Lanshan Court believes that the defendant Cao Moufu violated transportation management regulations and drove a traffic accident to a traffic accident and died one person. The main responsibility of the accident. The behavior constituted a crime of traffic accidents and should be punished. Although the defendant failed to confess the criminal facts during the investigation stage, and was absent from trial during the trial stage, the fact that the case was sufficient to determine the facts of the case according to the evidence of the case. In view of the fact that the defendant was also seriously injured due to a traffic accident, and he had no risk of committing, he could punish it lightly and the probation. Therefore, the Lantashan Court made a criminal verdict of one year and six months in prison for one year and six months.

The timely trial of the case effectively cracked the "stubborn disease" caused by the defendant of the defendant caused by severe diseases, and achieved the organic unity of punishing crimes and ensuring human rights.

Legal basis:

Article 266 of the Criminal Procedure Law of the People's Republic of China

Because the defendant was unable to appear in court due to severe diseases, for more than six months, the defendant was still unable to appear in court. If the defendant and his legal agent, close relatives applied or agreed to resume the trial, the people's court may be in the case of the defendant's failure to appear in court. After the trial is absent and make a judgment in accordance with the law.

Article 605 of the Supreme People's Court "Explanation of the Application of the Criminal Procedure Law of the People's Republic of China"

Due to the lack of trial ability due to severe diseases, the defendant was unable to appear in court. For more than six months, the defendant was still unable to appear in court. Article 296 of the Criminal Procedure Law is absent from trial.

If the defendant cannot express his willingness, its legal agent and close relatives may apply or agree to resume trials if they cannot express their wishes.

Lightning News reporter Ding Zhennian Correspondent Han Feng reported