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On December 18, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated. The 2013 judicial interpretation of the Supreme People's Court and the Supreme People's Court on handling criminal cases of driving a motor vehicle while intoxicated has been comprehensively improved.
The new judicial interpretation fully embodies China's basic criminal policy of blending leniency with severity. The implementation of the 13-year-old "drunk driving criminalization" has been amended, although a blood alcohol content of 80 (mg 100 ml) or more constitutes the crime of dangerous driving, but not necessarily criminal responsibility, the alcohol content is adjusted to 150 or less, not according to the crime, to better achieve the organic unity of political effect, legal effect and social effect.
The criterion for criminalization is determined according to the pattern of "blood alcohol content + circumstances":
The new judicial interpretation determines the specific criteria for leniency and severity according to the model of "dangerous driving under the influence of alcohol + degree of intoxication + circumstances".
OneMere drunkennessBlood alcohol content: In the case of drunk driving that has not caused harmful consequences and has not other specific circumstances, it is criminalized and punished:
150 (mg 100 ml) – may not be filed. Where it is found that the circumstances are obviously minor and the harm is not great, the case may not be filed, the case may be withdrawn, or no prosecution may be initiated, and the perpetrator may be given an administrative punishment of revocation of the motor vehicle driver's license.
180 (mg 100 ml) – conviction with probation applicable.
milligram 100 ml) – probation is generally not applicable.
2. In the case of a traffic accidentBlood alcohol contentCausing a traffic accidentplot".
1. Blood alcohol content of 80 or more (mg 100 ml) + caused a traffic accidentCausing a traffic accident and bearing full or primary responsibility for the accident;Fleeing after causing a traffic accident;- Aggravating convictions.
2. Blood alcohol content of 80 or more (mg 100 ml) + causing traffic accidentsCausing a traffic accident that causes minor or minor injuries to others, and bears full or primary responsibility for the accident;Causing a traffic accident and bearing full or primary responsibility for the accident and failing to compensate for the loss;Fleeing after causing a traffic accident;Probation is generally not applicable.
3. Under certain circumstances (in a specific place, driving a specific vehicle).Blood alcohol contentDriving a specific vehicle in a specific locationplot".
1. Blood alcohol content of 80 or more (mg 100 ml) + driving a specific vehicleDriving a motor vehicle to engage in passenger transport activities and carrying passengers;Driving a motor vehicle to engage in school bus business and carrying teachers and students;Driving a heavy truck;Transportation of hazardous chemicals and dangerous goods;】
2. Blood alcohol content above 80 (mg 100 ml) + specific locationDriving on the highway;
In the above two cases, convictions are to be dealt with more severely.
4. Acts of specific circumstancesBlood alcohol contentActs of specific circumstances].
1. Blood alcohol content of 80 or more (mg 100 ml) + specific circumstancesDriving a car without obtaining a motor vehicle driver's license;Serious overcrowding, overloading, and speeding;Driving after taking psychotropic drugs or products controlled by the state;Those who have been seized or received administrative punishment for driving a motor vehicle after drinking alcohol within two years;Those who have been convicted of dangerous driving within five years or have been relatively not prosecuted;- Aggravating convictions.
2. Blood alcohol content of 80 or more (mg 100 ml) + specific circumstancesDriving a car without obtaining a motor vehicle driver's license;Driving after taking psychotropic drugs or products controlled by the state;Those who have been seized or received administrative punishment for driving a motor vehicle after drinking alcohol within five years;Those who have been convicted of dangerous driving or have been relatively not prosecuted;Probation is generally not applicable.
5. Resisting seizuresBlood alcohol contentActs of resisting seizure].
1. Blood alcohol content of 80 or more (mg 100 ml) + resistance to seizure [Evading or obstructing lawful inspections by public security organs;Carrying out acts obstructing justice such as threatening, retaliating, enticing, or bribing witnesses, evaluators, or other persons, or destroying or fabricating evidence;- Aggravating convictions.
2. Blood alcohol content of 80 or more (mg 100 ml) + resistance to seizure [Employing violent means to resist lawful inspections by public security organs, or committing acts that obstruct the administration of justice].Probation is generally not applicable.
VI. Lenient Circumstances:
Dangerous driving behavior after drinking + degree of intoxication + leniency plot":
Lenient episodes are:Surrender, confession, meritorious service;Voluntarily admitting guilt and accepting punishment;Causing a traffic accident, compensating for damages, or obtaining understanding;
7. Not to be handled as a crime: The circumstances are obviously minor, the harm is not great, and it is not considered a crime
Blood alcohol content below 150 + no other aggravating circumstances.
The blood alcohol content is 150 or more + helping people to give first aid, and it does not constitute an emergency evacuation.
Blood alcohol content of 150 or more + short-distance driving (driving a motor vehicle for a short distance in residential areas, parking lots, etc., due to moving a car, parking in a parking place, etc.;or a short-distance driver of a parked motor vehicle is driven by another person to a residential area, parking lot, or other such place, or a short distance from a residential area, parking lot, or other place in order to be driven by another person. ）
Blood alcohol content of 150 or more + emergency evacuation (for emergency situations such as first aid for injured and sick people).
In the above cases, it is not treated as a crimeConclusion:Improving the interconnection between criminal justice and administrative law enforcement, and forming a progressive drunk driving governance system, is conducive to better realizing the organic unity of political, legal, and social effects.
1. A comprehensive consideration has been given to different situations in practice, and different governance methods and standards have been used to make criminal justice and administrative law enforcement more scientifically connected with each other, ensuring that the governance of drunk driving is stricter and more practical, and the investment of judicial resources is more effective.
2. The provisions are more specific and operable, so that the ambiguity in the actual law enforcement can be clarified, avoid the formation of punishment loopholes, and also compress the space for discretion, so that the parties can better experience fairness and justice.
(Author: Wang Honglawyer [Law as the sword] Yunnan Hengzhi Law Firm).
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