Notifications made by the Supreme Court: drunk driving, was detained the Visual merits of the bailDrunk driving, was detained the Visual merits of the bail
Washington (reporter Sun Siya) yesterday, the High Court issued a notice to the municipal court in Chongqing, requires each court submissions received at the hospital could be held criminally responsible for the first two drunk-driving cases, the Supreme People's Court in the form of guiding case, the Institute published reference. Coercive measures have been taken for drunk driving cases, coercive measures Court specific cases in accordance with law changes.
it is reported that the Supreme People's Court to the municipal court issued a circular recently, the notice said, common multiple drunken driving motor vehicles on the roads, high priority should be given, specific criminal responsibility should be carefully and steadily. The Supreme People's Court requires courts at all levels, after the receipt of the case to be investigated for criminal responsibility in drunk-driving cases, as far as possible to the relevant departments to learn about the specific case, through communication with the prosecutors understand the severity of the circumstances of the case.
yesterday, according to the Supreme People's Court, the High Court issued a notice to the municipal court issued a specific notice on the drunk-driving into the penalty. Said amendments to the Penal Code (h) has been implemented on May 1. 133th criminal law one of the provisions of article: driving a motor vehicle on a road Chase drive, aggravated, or drunken driving motor vehicles on the roads, criminal detention and fines. Supreme People's Court through judicial interpretation of this crime was identified as dangerous driving.
City High Court requires courts at all levels will be received, proposed as criminal punishment for the first and second cases of drunk driving, to the Municipal Court reported. After receiving the High Court, reported to the Supreme People's Court.
it is understood that the receipt after the city reported the High Court case, the Supreme Court shall be investigated for criminal responsibility according to law, will be issued to guide the case form, for reference to the trial court.
, High Court requires courts at all levels, if reported to the drink-driving cases, the coercive measures that have been taken, the Court change of the specific circumstances of the case in accordance with law enforcement measures to ensure the program legal.
, Chongqing City, China Academy of social sciences, Director of the Institute of international law, Institute of law adviser said Chen Zexian, Supreme Court referred to the "change of coercive measures in accordance with law", referring to bail, surveillance and other non-custodial measures.
why "catch can"
misdemeanor bail law
Supreme Court issued the notice said reported cases of drunk driving enforcement measures that have been taken, the Court change of the specific circumstances of the case in accordance with law enforcement measures. Some commentators believe, catch people, will present "the back door", selective enforcement and other issues?
in this regard, the Chinese Academy of social sciences, Director of the Institute of international law, Beijing law society adviser said Chen Zexian, the highest law within the meaning of "change of coercive measures in accordance with law", referring to bail, surveillance and other non-custodial measures, in practice this right is not given to individuals, but our legal protection in all articles.
Chen Zexian said that, in accordance with the principle of the presumption of innocence, without a court decision shall not be found guilty, so discharged from custody prior to trial is a practice of protecting the rights of the accused. The defendant is guilty of a misdemeanour, allowing it to provide a guarantor pending trial or deposit, the promise not to evade detection, becking cases, home discharged from custody pending trial. Because drunk driving belonged to misdemeanours, so deliberately do this. This practice not only protect the rights of defendants or suspects, but also to save national resources.
will affect the verdict
Supreme Court research not only ruling
reported the case to a higher court, some people worry that the drunk driving time for drunk driving cases will delay, or judgment by the superior court and the Supreme Law of interference effects.
to this, said Chen Zexian, the lower court reporting case, not by the sentence of the defendant is to be decided by a higher court, but decided cases have been reported, Supreme Court found, differences in the level of the various scenarios with regularity, and research as a basis for the future. What belongs to the misdemeanor drunk driving, yet did not reach the required criteria for Supreme Court decided to sentence.
in the Supreme Court's findings and concrete judicial interpretations promulgated before, prosecutors have sued over the case, could convict are still determined by the courts in accordance with the criminal law amendment (h) discretion to decide to play, not directed to a specific case are a special case. If the lower court found the accused guilty, is unlikely to be a judgment of acquittal by the Supreme Law, unless the judgment errors. Worth noting is that general principles of criminal law about "minor is not held criminally liable" provisions, still in the judge's exercise of discretionary and effective.
has power of legal interpretation of
/> Supreme Court has the right to introduce judicial interpretation media question, "drunk driving into the penalty" the power of legal interpretation of the final should be vested in the national people's Congress, rather than the Supreme Court.
to this, said Chen Zexian, let alone discussed by the national people's Congress adopted amendments to the Criminal Code (eight), even the Penal Code passed by the national people's Congress and Supreme Court also has power to interpret. Issue judicial interpretation is the highest law of daily work, any laws, Supreme Law, in conjunction with the highest determined charge, react with the corresponding file in order to facilitate law enforcement. Amendment (h) before implementing Supreme Court has issued a number of judicial interpretations to explain which specific provisions or provisions of its applicable principles. Reporter Wang Qiushi
was not as "privileged" drunk-driving cut
yesterday afternoon, Kyoto law firm in response to recent hot seminar on the issue of drunk driving into the penalty. Some legal experts said, is not rich, have the right to avoid drunk driving into the penalty, in drunk-driving cases at present there is no identity of the drunk driving is official. Chauffeur
officials said Professor Ruan qilin, Vice President of the Supreme Court, Zhang about drunk driving not always into the punishment after the speech, public concern about this is the drunk-driving and privileges to officials left cut drunk driving. Indeed, my department-level officials with car, a special driver, though individual officials did not rule out drunk, but this is not that much. Lower-level officials value their own positions, could face drunken driving will be measured. As can be seen from the currently open cases of drunk driving, there is no identity of the drunk driving is official.
Zhu Yonghui lawyer said public question is not the law itself, but the lack of trust in the judiciary. Therefore, on the issue of drunk driving into the penalty, greater need for transparency and openness of the judiciary, so that the public can understand and accept is not rich, entitled to avoid drunk driving into the penalty.
drunk driving case should temper justice with mercy
said Lu Jianping, a professor at Beijing Normal University, now advocated the criminal policy of temper justice with mercy, according to drunk driving conviction on merits of an individual case, to reflect the temper justice with mercy, this is logical.
University criminal law expert Professor Ruan qilin said, penalties, China itself is a combination of administrative punishment and criminal punishment, circumstances are obviously minor cases of crime, this is the clear provisions of the General principles of criminal law, specific standards of drunk-driving into the penalty, you also need to undergo a certain legal practice and exploration.
caught drunk driving "too positive" Xuan Dong
law firm, lawyers said, the serious consequences of drunk driving national people's abhorrence for drunken driving. After a new charge introduced, caught drunk driving for the first wave of people all across the country. "So fast in implementation, I have not seen before. "Xuan Tung believes that carefully on drunk driving conviction, conviction cannot be expanded on the issue, simplicity and emotional. Reporter Wang Lina
/> a recent drunk driving case on May 5, Wugang, Henan province people's Court criminal trial for dangerous driving and sentenced Hou Guanghui 4 months and fined 2000 Yuan. When caught, Hou guanghui blood alcohol content reaches 223.7mg/100ml. This is the first national media coverage has been convicted of "drunk-driving into the penalty" cases.
on May 1, 25 in Inner Mongolia driver Lee Chun kit drunk driving away from chaoyangmen bridge, Dongcheng District, police seized. Lee Chun kit blood alcohol 159.64mg/100ml. Who was the first man of drunk driving was detained in Beijing. Trial of the East Court today. 0:10
May 2, Guo Shudong bi garden plot, Chueng, Fangshan district, Beijing intersection, even three cars crashed. After appraisal, Guo dong blood alcohol 153.2mg/100ml. On May 9 in Fangshan District Court sentenced Guo Shudong detention 4 months on charges of dangerous driving, fined 2000 Yuan.
May 9 at 22 o'clock, Gao Xiaosong drunk driving an Infiniti SUV accident, four car crash, three injured. Gao's blood alcohol content is 243.04mg/100ml. Trial of the East Court today.