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The Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated (hereinafter referred to as the "Opinions") is an important judicial document jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice, and will come into force on December 28, 2023. Since the criminalization of drunk driving in 2011, various regions have achieved remarkable results in strict law enforcement and fair justice, effectively reducing traffic accidents caused by drunk driving. It is a supplement to the 2013 "Opinions", in order to adapt to the changes in the new situation, further unify the law enforcement and judicial standards, strictly regulate the handling of drunk driving cases, and ensure the safety of citizens' lives and property and road traffic safety.
The main contents of the Opinions include overall requirements, case filing and investigation, criminal investigation, management and comprehensive management. In terms of overall requirements, it is clearly required that the people's courts, people's procuratorates and public security organs must adhere to the principles of division of labor and responsibility, mutual cooperation and mutual restraint when handling drunk driving cases, correctly apply the law, strictly enforce the law, and administer justice fairly. In addition, the "Opinions" also emphasize the need to achieve the organic unity of political, legal and social effects, reflecting the importance that the judiciary attaches to the comprehensive effect of social governance.
In terms of case filing and investigation, the "Opinions" reiterate that the blood alcohol content of 80 milligrams and 100 milliliters is used as the criterion for determining whether to file a case. It stipulates the specific standards and investigation procedures for drunk driving cases, especially for the detection of blood alcohol content, and formulates detailed specifications and standards to ensure the scientificity and accuracy of drunk driving determination. There are also clear provisions on the identification of motor vehicles and roads in drunk driving cases, ensuring the accuracy of the application of the law in the handling of cases. The content of this part reflects the strict observance of the law and the strict control of legal procedures, ensuring the application of the law and the fairness of procedures in the investigation stage of drunk driving cases.
The core content of the Opinions includes a heavier punishment for drunk driving and a criminal policy that blends leniency and severity. Probation is generally not applicable in 10 cases, including 180 milligrams and 100 milliliters of blood alcohol content. In terms of heavier punishment, it enumerates 15 situations, such as causing a traffic accident and bearing full or primary responsibility for the accident, driving a car without obtaining a motor vehicle driver's license, driving on a highway, and so on. In addition, seven new situations have been added, including drunk driving on school buses, "drug driving", and "drug driving". This shows that the law has a zero-tolerance attitude towards serious drunk driving, and highlights the importance of the actual damage consequences and the subjective malice of the perpetrator. This kind of heavier punishment is not only a punishment for the perpetrator, but also a warning to the society, and strengthens the public's awareness of the dangers of drunk driving.
At the same time, the Opinions also reflect the criminal policy of blending leniency and severity. It stipulates five situations, among which if the drunk driving act does not have the characteristics of aggravating circumstances, it can be regarded as a significantly minor circumstance and not very harmful, and criminal liability may not be pursued. These include blood alcohol levels of less than 150 milligrams to 100 milliliters, driving in an emergency, and driving short distances in specific places. To a certain extent, this provision provides an opportunity for first-time offenders or accidental offenders to rehabilitate, reflecting the humane and reasonable considerations of the law.
The "Opinions" clearly stipulate that even drunk driving offenders who are not investigated for criminal responsibility should be given administrative penalties in accordance with the law, including fines and administrative detention. It provides a comprehensive framework for dealing with drunk driving cases that are exempt from criminal punishment, and strengthens the deterrent effect of drunk driving behavior through a combination of various measures such as reprimand, order to make a statement of repentance, formal apology, and compensation for losses, and at the same time make up for the losses caused to the victim or society to a certain extent. In addition, administrative penalties such as the revocation of motor vehicle driver's licenses are provided for when the blood alcohol content exceeds the legal limit, which not only enhances the binding force of the law, but also reflects the great importance attached to public safety.
The establishment of the judicial mechanism in the Opinions is an improvement in judicial efficiency. It clearly stipulates the case conditions and procedures for the application of the best management mechanism, simplifies the case handling process, and aims to improve the efficiency of case handling and reduce unnecessary judicial delays. For example, for drunk driving cases that meet the requirements of the highest level of reasoning, the public security organs are required to complete the investigation, prosecution, trial and other procedures within 30 days from the date of filing the case, which will help shorten the time for handling the case and improve the efficiency of law enforcement.
In terms of comprehensive governance, the Opinions emphasize the importance of rule of law education and put forward measures to prevent and reduce drunk driving behavior at the source. This includes multi-faceted measures such as strengthening publicity and education on legal popularization, increasing the intensity of warnings and reminders, and implementing comprehensive management. For example, educate and guide drunk drivers who have been given lenient punishments, such as participating in safe driving education and traffic volunteer services, to prevent the recurrence of drunk driving. The implementation of these measures will help to raise public awareness of the law and reduce the occurrence of drunk driving, thereby ensuring road traffic safety to a greater extent.
In recent years, drunk driving has become the number one offense, with hundreds of thousands of people being labeled as criminals every year. The promulgation and implementation of the "Opinions" marks a new stage in China's understanding and handling of the serious social problem of drunk driving. It not only demonstrates the strictness and fairness of the law, but also reflects the importance attached to human rights, and provides a solid legal guarantee for building a safer and more orderly social environment. Through the implementation of this document, it can be expected that China will achieve more remarkable results in road traffic safety.