Adhere to Strictly Handling Cases in Accordance with the Law, Strengthen Comprehensive Management of Drunk Driving, and Issue Opinions on Handling Criminal Cases of Drunk and Dangerous Driving with the "Two Highs and Two Departments"

2023-12-18

On December 18th, 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 Drunk and Dangerous Driving" (hereinafter referred to as the "Opinions"). The Opinion will be implemented from December 28, 2023. Since the sentencing of drunk driving in 2011, various regions have adhered to strict law enforcement and fair justice, punishing illegal and criminal acts of drunk driving in accordance with the law, effectively safeguarding the safety of people's lives and property as well as road traffic safety. The number of malignant traffic accidents caused by drunk driving has significantly decreased, and "not driving while drinking" has gradually become a social consensus. The governance of drunk driving has achieved significant results. In order to adapt to the new situation and changes, the system summarizes the law enforcement and judicial experience since drunk driving was punished, further unifies the law enforcement and judicial standards, strictly regulates and handles drunk driving cases in accordance with the law. After in-depth investigation and research, the "Two Highs and Two Departments" jointly formulated the "Opinions". The Opinion stipulates 15 heavier circumstances, including being punished for drunk driving and drunk driving, and provides for 10 situations where probation is generally not applicable. For situations where traffic accidents occur, the risk of behavior is high, and subjective malice is deep, they shall be dealt with more severely; For those who commit other crimes such as traffic accidents while driving under the influence of alcohol, they shall be convicted and held criminally responsible in accordance with the more severe punishment. The Opinion clearly states that if the circumstances of drunk driving are minor, the offender may not be prosecuted or be convicted and exempted from punishment; If the circumstances are significantly minor and the harm is not significant, it may not be treated as a crime and administrative penalties shall be imposed in accordance with the provisions of the Road Traffic Safety Law. The Opinion establishes and improves a rapid handling mechanism for drunk driving cases, and improves a hierarchical governance system for drunk driving that connects criminal justice and administrative law enforcement, which is conducive to better achieving the organic unity of political, legal, and social effects. The Opinion requires that political and legal organs at all levels should adhere to the combination of punishment and prevention, adopt various methods to strengthen comprehensive governance and source of prosecution governance, and prevent and reduce the occurrence of illegal and criminal acts of drunk driving from the source. (Lai Xin She)

Edit:Zhoushu    Responsible editor:Jia Jia

Source:xinhuanet.com

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