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" (hereinafter referred to as the "Opinions"). The Opinions will come into force on December 28, 2023.
Since the criminalization of drunk driving in 2011, all localities have adhered to strict law enforcement, fair justice, and punished drunk driving and drunk driving violations and crimes in accordance with the law, effectively safeguarding the safety of people's lives and property and road traffic safety. In order to adapt to the new situation and new changes, systematically summarize the law enforcement and judicial experience since drunk driving was criminalized, further unify law enforcement and judicial standards, and strictly regulate and handle drunk driving cases in accordance with the law.
"Opinions" thoroughly implement the idea of the rule of law, adhere to the people-centered, consistently adhere to the strict handling of cases in accordance with the law, fully and accurately implement the criminal policy of blending leniency and severity, and according to the specific circumstances of the case, the leniency should be lenient, the severity should be severe, and the punishment should be the crime. The "Opinions" stipulate 15 aggravating circumstances, such as having been punished for drunk driving or drunk driving, and 10 circumstances in which suspended sentences are generally not applicableWhere drunk driving simultaneously constitutes the crime of causing a traffic accident or other crimes, it is to be convicted in accordance with the crime with the heavier punishment and criminal responsibility is to be strictly pursued. The "Opinions" make it clear that if the circumstances of drunk driving are minor, no prosecution or conviction and punishment may be waived;Where the circumstances are obviously minor and the harm is not great, it may not be handled as a crime, and administrative punishment may be given in accordance with the provisions of the Road Traffic Safety Law. The "Opinions" establish and improve the mechanism for the management of drunk driving cases, and improve the drunk driving and drunk driving governance system in which criminal justice and administrative law enforcement are connected and progressive, which is conducive to better realizing the organic unity of political, legal and social effects.
The "Opinions" require that political and legal organs at all levels should adhere to the combination of punishment and prevention, adopt a variety of methods to strengthen comprehensive management and management of the source of litigation, and prevent and reduce the occurrence of illegal and criminal acts of drunk driving and drunk driving from the source.