Poster News reporter Zhao En reports from Shanghai.
A few days ago, 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 "Opinions" stipulate that the criminal policy of blending leniency and severity shall be fully and accurately implemented, and differentiated treatment shall be carried out according to the specific circumstances of the case, so that those who should be lenient shall be treated leniently, those who should be punished with severity shall be severe, and the punishment shall be appropriate to the crime. Zhou Guangquan, dean of the Law School of Tsinghua University, said that the "Opinions" are highly operable, which is conducive to solving the main problems and outstanding problems in practice, and is of great significance to improving China's drunk driving governance system.
Gao Baoqi, a lawyer from Shandong Zezhong Law Firm, told the poster news reporter that the focus of the revision of the "Opinions" is: more detailed provisions have been made on the case filing standards, the rules for the acceptance of blood alcohol content appraisal opinions, roads, motor vehicle identification, compulsory measures, and evidence collection;Detailed provisions have been made on the circumstances of heavier and lenient dispositions, the circumstances are obviously minor, the determination of minor circumstances, sentencing standards, the determination of voluntary surrender, public interest services, and the connection between criminal punishment and administrative punishment;Provisions are made on the principles, scope, time limit, and process for applying the mechanism to drunk driving cases.
Among them, attention should be paid to the blood alcohol content value:
1. If the blood alcohol content reaches 80 mg or more than 100 ml, there is a chance that the case will not be filed.
2. If the blood alcohol content is less than 150 mg and 100 ml, there is a chance not to prosecute.
3. Where the blood alcohol content exceeds 180 mg and 100 ml, probation is generally not applicable.
Article 4 of the "Opinions" clearly states that if a motor vehicle is driven on the road and the breath alcohol content test shows that the blood alcohol content reaches 80 milligrams and 100 milliliters or more, the public security organ shall decide whether to file the case in accordance with the provisions of the Criminal Procedure Law and these Opinions. Where the circumstances are obviously minor and the harm is not great, and it is not considered a crime, the case is not to be filed.
Previously, it was stipulated that driving a motor vehicle on the road with a blood alcohol content of 80 milligrams and 100 milliliters or more is considered to be driving a motor vehicle while intoxicated, and it is convicted and punished as the crime of dangerous driving in accordance with the provisions of Article 133-1, Paragraph 1 of the Criminal Law. "The change in the standard for filing a drunk driving case does not mean that you can relax your vigilance, everyone is the first person responsible for their own safety, and not driving while drinking, and not drinking while driving, is the most basic obligation and responsibility for yourself and others. Gao Baoqi said.
According to the information on the official website of the Supreme People's Procuratorate of the People's Republic of China, Zhou Guangquan, dean of the Law School of Tsinghua University, said that the "Opinions" have made a comprehensive improvement to the 2013 "Opinions of the Supreme People's Court and the First People's Court on Several Issues Concerning the Application of Law in Handling Criminal Cases of Drunk Driving Motor Vehicles", embodying the concept of problem-oriented, systematic thinking and comprehensive management, and implementing the strict handling of cases in accordance with the law. The law enforcement and judicial policy concept of blending leniency and severity is highly operable, which is conducive to solving the main problems and outstanding problems in practice, and can provide effective guidance for the handling of drunk driving cases in the future, which is of great significance for improving China's drunk driving governance system.
Zhou Guangquan believes that determining the specific standards of leniency and severity according to the model of "dangerous driving after drinking + degree of drunkenness + whether there are aggravating circumstances" can achieve leniency and order, leniency and severity, and punishment as the crime, which will help continue to promote the formation of a good atmosphere of "drinking and not driving, and driving without drinking" in the whole society. The "Opinions" stipulate that if the circumstances of drunk driving are obviously minor and the harm is not great, it will not be prosecuted as a crime, which is to give the perpetrator a chance to reform himself, and to give lenient treatment to the drunk driving perpetrator who is a first-time offender, an occasional offender, and a person with little personal danger, and can effectively reduce social antagonism.