The number of crimes of finding someone to commit crimes after drunk driving continues to rise
Issue typical cases to guide sanctions on top-contract behavior
□ Our reporter Chen Lei
According to data released by the Traffic Management Bureau of the Ministry of Public Security, more than 3,300 drunk-driving violations have been investigated and dealt with throughout the country during the Ching Ming Festival holiday this year.
According to data previously released by the Traffic Management Bureau of the Ministry of Public Security, from January to the end of October 2019, a total of 1.7 million drunk driving violations were investigated and dealt with, and more than 300,000 drunk driving violations were investigated and dealt with throughout the country.
It is worth noting that the phenomenon of finding the offender after the drunk driving drunk driving has been common in judicial practice. A reporter from the Legal Daily searched the China Judgment Documents Network and found that the number of such cases has been on the rise since 2014.
Experts interviewed by reporters from the Legal Daily believe that since the implementation of the Criminal Law Amendment (8), China has cracked down on drunk driving drunk driving violations, but it has not paid enough attention to the crime of finding offenders by the offenders. It is recommended that the relevant authorities release typical cases in due course Or guide cases, warn or deter illegal offenders and offenders, and maintain good transportation order.
Drunk driving top bag is seriously harmful
Obstruct the national judicial order
On the evening of April 1, in Guangzhou City, Guangdong Province, the Canton Tower lit up the tribute subtitles for "Anti-epidemic Hero Wang Shuo".
During his lifetime, Wang Shuo was a member of the Guangdong Support Hubei Jingzhou Medical Team and a physician in charge of the Occupational Hygiene Evaluation Institute of Guangdong Occupational Disease Prevention and Treatment Hospital. On the evening of March 13th, he was hit by a fast-moving van from the back side when he visited the community for epidemic prevention and control work in Jingzhou. Unfortunately, he was killed on duty due to ineffective rescue.
After investigation by the police, the driver of the van, Huang Mou, was found to be drunk. The police detained Huang for criminal traffic accidents, and the procuratorate approved the arrest.
Since the outbreak of the epidemic, there have been many typical cases of major traffic accidents and serious social impacts caused by drunk driving. The Traffic Management Bureau of the Ministry of Public Security issued a notice to deploy the National Public Security Traffic Management Department to focus on strictly investigating drunk driving and other serious violations of the law, to curb the trend of drunk driving drunk driving.
According to Zhao Shuhong, associate professor of the Criminal Law Science Research Institute of Beijing Normal University, since the implementation of the Criminal Law Amendment (8), China has maintained a strict investigation and punishment for drunk driving violations. The phenomenon of drunk driving perpetrators seeking offenses frequently occurs.
Zhao Shuhong told the "Legal System Daily" reporter that, correspondingly, the criminal punishment of drunk driver's package by the judiciary also followed up.
According to public information, the latest case was made by the Baofeng County Court of Henan Province. On January 5, 2019, the former secretary of a party branch in a village in Baofeng County drove a motor vehicle on behalf of a certain person, collided with a motorcycle and a tractor, and killed one person. After the accident, Daimou let villager Limou arrive at the scene. According to instructions, Li has always lied that he was the driver of the accident during the investigation by the public security organs and the review and prosecution by the procuratorial organs.
In November 2019, the public security organ recognized Li Mouding's case and transferred the case to the procuratorial organ after the supplementary investigation. The procuratorial organ filed a lawsuit against the court for the suspected assault crime. At the end of March this year, the Baofeng County Court delivered a sentence in the case of Li, and sentenced him to six months in prison for assault. The verdict is currently in effect.
"Legal Daily" reporter searched the Chinese Judgment Document Network and found that since 2014, such cases have been common, showing a rising trend, and there were a total of 59 cases by the end of 2019. In addition to the Tibet Autonomous Region, other provinces (autonomous regions and municipalities) have cases.
Zhao Shuhong found that some of these cases occurred between father and son, the father let the son cover the bag, or the son let the father cover the bag; some happened between the husband and wife, most of the husband let the wife cover the bag; some occurred between relatives and friends In the room, relatives and friends top the bag. "Relatively speaking, it is because the criminal punishment for this crime is lighter."
In this regard, Zuo Jianwei, a professor at the School of Law of Beijing Normal University, told reporters from the Legal Daily that impostors of dangerous driving behaviors of drunk driving seriously violated public safety, caused a waste of judicial resources, and also impeded the judicial order of the country. Severely punish.
Top-bag cases continue to climb
Penalty for asylum
On May 1, 2011, the "Amendment to the Criminal Law of the People's Republic of China (8)" came into effect, which stipulated that an article should be added after Article 133 of the Criminal Law as one of Article 133, " Those who drive motor vehicles on the road chasing and competing in bad circumstances, or who drive motor vehicles drunk on the road, shall be detained and fined. Those who commit any of the acts of the preceding paragraph and also constitute other crimes shall be convicted and punished in accordance with the heavier penalties. "
Beginning in 2014, China Judgment Documents Network began to announce cases of criminal punishment for top contractors.
On August 10, 2014, Wang Mou, a resident of Jingyang County, Shaanxi Province, drunk in a car, drove a bicycle and ran after Su Mou, who was riding a bicycle, was injured. After the incident, Wang fled back to his father-in-law's house and called to inform his father, Wang, that Wang would drive away the car. The next day, Su Mou died of invalid rescue.
During the investigation by the public security organ, Wang Moumou lied that he had caused the accident by driving. Later, after being interrogated by the public security organ, he truthfully confessed the fact that he lied to the public security organ for his father-son relationship. During the investigation of this case, Wang Mou reached a compensation agreement with the victim's relatives and has actually fulfilled it.
The court held that Wang Moumou had made a false certificate to the public security organ for sheltering, and still knew that the victim had died to the public security organ to covert his son. On December 19, 2014, the Jingyang County Court issued a judgment in this case: the defendant Wang Moumou committed a crime of asylum, was sentenced to 6 months in prison, and announced a suspended sentence of 1 year.
A search of China Judgment Documents Network shows that there were 4 cases in 2014, 10 cases in 2017, 16 cases in 2018, and 21 cases in 2019, showing a rising trend.
According to data released by the Traffic Management Bureau of the Ministry of Public Security, from January to the end of October 2019, 1.7 million drunk driving violations were investigated and dealt with, and more than 300,000 drunk driving violations were investigated and dealt with throughout the country.
Throughout 2018, there were 5,149 people who caused a traffic accident after drinking or driving a motor vehicle while drunk, and 12,115 people who caused a traffic accident and committed an escape situation.
In Zhao Shuhong's view, in fact, the top contractor did not fully understand the situation of the drunk driver, and when questioned by the public security organ, it often failed to accurately reflect the driving situation, so it would soon be exposed. Once this is done, the top packager will face criminal punishment, and the drunk driver still has to bear the criminal responsibility for the crime of dangerous driving.
Shen Weixuan, the president of the Baofeng County Court, found that everyone had a fluke when hearing the case. For drunk drivers, they felt that the scene was more confusing in the event of an accident, which made it possible for people to confuse the crime, but in fact, the public security organs were very It is easy to identify the drunk driving top bag situation.
In an interview with the Legal Daily, Wang Zhiyuan, deputy dean of the School of Criminal Justice of China University of Political Science and Law, said that the top contractors are very clear that they are giving false testimony, and the main purpose is to prove that the actual drunk driver has not drunk driving, although in most cases the top The packager was asked to go to the top bag by the drunk driver, but the top bag behavior as a whole met the establishment conditions of the crime of asylum. Therefore, from the perspective of judicial practice, the more common way is to determine the crime of asylum.
Handle cases on a uniform scale
Deter drunk driver top packers
On March 30, data released by the Ministry of Public Security ’s Traffic Management Bureau showed that from March 27 to 29, more than 22,000 drunk driving violations were investigated and dealt with, of which more than 2,200 were drunk driving.
According to data released by the Traffic Management Bureau of the Ministry of Public Security, more than 3,300 drunk-driving violations have been investigated and dealt with throughout the country during the Ching Ming Festival holiday this year.
Zhao Shuhong believes that the Ministry of Public Security ’s Traffic Management Bureau strictly investigates drunk driving and other serious illegal acts, which will help curb the trend of drunk driving and stabilize the national road traffic safety situation. Corresponding to this, the crackdown on drunk driving topping behaviors according to law cannot be relaxed.
According to Zhao Shuhong, on February 6, 2020, 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 Punishing and Preventing and Controlling Violation of Pneumonia Caused by New Coronavirus Infection” according to law. Regulations on the conviction of harmful acts are made, but there is no involvement in drunk driving. At present, some areas of China have begun to resume work and production, the order of transportation and production and life are gradually restored, and the risk of road traffic safety is also rising. Drunk driving and letting people out of the bag will occur. The judicial authorities should pay attention to this and follow the law Blow.
According to the information released by the Traffic Management Bureau of the Ministry of Public Security, on February 24 this year, the traffic police in Pingxiang City, Jiangxi Province investigated and dealt with a drunk driving case. On the same day, a man claimed that he was driving and scratched with another car, and the other driver drunk. After the traffic police arrived at the scene, the alarm person identified the man Weimou driving the vehicle, but Wei denied that the fellow car owner Limou admitted to having driven the vehicle in an accident.
The traffic police retrieved on-site surveillance video and found that Wei got off the driver's seat when the accident occurred, and the blood test result was that the alcohol content exceeded the standard. In front of the evidence, Wei admitted that he was driving without a license and was drunk. In order to evade the punishment, Wei asked Li to take the bag. In the end, the traffic police determined that Wei Mou took full responsibility for the accident and severely criticized and educated Li Mou.
The experts interviewed suggested that for the crime of dangerous driving which is typical of drunk driving a motor vehicle, the highest judicial organ has issued typical cases or guidance cases, which have a positive impact on judicial practice. Therefore, for drunk driving topping, the highest judicial organ can timely release typical cases or guiding cases, guide all localities to handle such cases in a unified manner, warn or deter illegal offenders and toppings, eliminate individual fluke and maintain good transportation Transportation order.