Are Li Qiming’s friends responsible?
In this case, Li Qiming drove a friend's car after drinking. Li Qiming's friend drinks with Li Qiming. Does he have an obligation to persuade Li Qiming not to drink and drive? If the real car owner also drank and lent the car to Li Qiming, should he be subject to double punishment?
Is the crime of traffic accident or the crime of endangering public safety by dangerous means applicable?
After the accident, there was a lot of discussion on the Internet about the police's handling of the incident. A law professor at Hebei University told reporters that he believed the accident should be classified as a crime of endangering public safety rather than a traffic accident. Because school roads are not public roads, traffic laws do not apply.
Lawyer Zhou Ze believes that the school road section is still a public highway, and the "Road Traffic Safety Law of the People's Republic of China" and the "National Highway Traffic Safety Law of the People's Republic of China" apply. Zhou Ze said that the crime of endangering public safety by dangerous means requires subjective intention, but hit-and-run car owners are almost unwilling to cause traffic accidents subjectively. He believes that the police are correct in criminally detaining hit-and-run car owners for the crime of hit-and-run.
But the opposite view is that, on the one hand, even in public affairs, if the criminal behavior meets the criminal elements of "endangering public affairs in a dangerous way", it should be classified as the same crime. kind of crime. On the other hand, the definition of "intentional" in the "Criminal Law of the People's Republic of China" is not "willing" to cause an accident, but "knowing that one's behavior will have consequences that are harmful to society, and hoping or allowing such consequences to occur, thus constituting a crime." ". Knowing that one's behavior will have consequences that are harmful to society, and hoping or allowing such consequences to occur, thus constituting a crime, is an intentional crime. "(Article 14) also stipulates: "Whoever knows that his behavior will have consequences that are harmful to society, hopes or allows such consequences to occur, and thus constitutes a crime, is an intentional crime. (Article 14) also stipulates that "those who commit crimes while drunk shall bear criminal responsibility." (Article 18, Paragraph 4) In this case, Li Qiming was drunk and speeding in a crowded campus, causing a tragedy in which one person died and another was injured. Maybe this result was not what he "hoped for", but speeding with indifference to the lives of an unspecified majority of people. According to ordinary people's common sense, traffic accidents are very likely to occur in this situation, so it can be inferred that Li Qiming was not responsible for the accident. There was "laissez-faire"
The Supreme People's Court of the country determined that Li Qiming had a "laissez-faire" mentality towards the occurrence of the accident, which constituted indirect intentionality.
Notice Fafa [2009] No. 47 of the Supreme People's Court on the Issuance of Guiding Opinions on the Application of Laws on the Crime of Drunk Driving and Related Typical Cases
In order to seriously handle criminal cases of drunk driving and curb drunk driving, Drunk driving causes serious harm to public safety and safety. We should warn and educate drivers with potential illegal behaviors. In the future, we should warn and educate drivers who drive under the influence and allow harmful consequences to occur and cause heavy casualties. From now on, those who drive under the influence, allow harmful consequences to occur, and cause heavy casualties will be convicted and sentenced in accordance with the provisions of these opinions and with reference to the attached typical cases.