First, the defense of traffic accident crime.
defence
Dear presiding judge and judge,
Entrusted by the defendant * * and appointed by Jiangsu Yijun Law Firm, this lawyer appeared in court to defend * *. First of all, I would like to express my condolences for the death of the victim and my condolences to her relatives. By meeting with the defendant, reading the papers, combining with the court investigation just now, according to the facts and laws, the materials and opinions are put forward to prove that the defendant in this case does not have the aggravating circumstances of escape, but has the mitigating circumstances, thus safeguarding the legitimate rights and interests of the defendant. The following defense opinions are hereby issued for the reference of the collegial panel when judging.
(a), the prosecution accused the defendant of hit-and-run this statutory aggravating circumstances, lack of facts and legal basis.
According to Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents, the objective aspect of escaping after traffic accidents must conform to the circumstances stipulated by law, that is, one person dies or one person is seriously injured and has drunk driving, poisonous driving, unqualified driving, unqualified driving or unlicensed driving, unlicensed driving of motor vehicles, overloading driving and so on. Spatial factors in the identification of escape behavior: Article 2 of the Regulations on the Investigation and Handling of Traffic Accident and Escape Cases of the Ministry of Public Security clearly stipulates that it is to escape from the scene of a traffic accident.
In this case, after the accident, the defendant immediately stopped the car and took the victim to the hospital for treatment with the only money. Instead of fleeing the scene of the accident, he left the hospital. In addition, from the witness testimony and the defendant's confession and defense, it can be seen that the defendant was fully capable of fleeing the scene of the accident at that time, but did not carry out the legally aggravated escape behavior.
Secondly, the defendant has no ability to foresee the death result of the victim and the establishment of the criminal act. The evidence shows that after the defendant sent the victim to the hospital, he left the hospital because he saw that the victim could walk and because the financial compensation could not be fulfilled. At this point, the defendant could not foresee the accident in which the victim might die. Therefore, the defendant's behavior does not conform to the provisions of Article 3 of the Criminal Law and judicial interpretation. In fact, the victim died in the hospital more than ten days after the accident, not at the scene of the accident. This kind of death result is unpredictable by ordinary people, including the defendant. When he was discharged from the hospital at that time, he subjectively thought that it was not good for him to be afraid of the victim's family, but to avoid civil compensation rather than criminal responsibility.
(2) In this case, the defendant * * constitutes a crime of causing traffic accidents, and this defender has no objection, but it has the statutory mitigating circumstances and discretionary mitigating circumstances of surrender.
1, the first paragraph of Article 67 of the Criminal Law stipulates that a person who surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender? . The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Cases of Surrender and Meritorious Service further clarifies:? Surrender refers to voluntarily surrendering directly to the public security organ, the people's procuratorate or the people's court without finding the criminal facts or suspects by the judicial organs, or without interrogating the suspects or taking compulsory measures. ? Therefore, in this case, the defendant should be regarded as surrendering himself, as evidenced by the interrogation record and prosecution opinion of the public security organ on * * * 200.
2. In terms of discretionary mitigating circumstances, first of all, it is undeniable that the defendant in this case had a major fault in the accident, but the fault of the victim was also an important factor in the accident. The fault here includes not only that the victim did not walk near the road in the accident certificate, but also that the accident certificate did not take into account that the victim suddenly walked sideways, which led to the defendant's unavoidable traffic accident, which led to the traffic police department's mistake in determining the responsibility for the accident.
Secondly, one of the main bases for the prosecution to accuse the defendant of committing traffic accidents is the Letter of Confirmation of Traffic Accidents, which failed to be made within the statutory time limit according to Article 57 of the Measures for the Implementation of the Road Traffic Safety Law of the People's Republic of China in XX Province, and the so-called "should not be recognized" was considered when determining the responsibility of the accident. Run away? And then what? Run away? It has nothing to do with the identification of accident responsibility.
Thirdly, the fact that the victim has died is indisputable, but the cause of death cannot be proved by the evidence submitted by the procuratorate at present, that is, it cannot be ruled out that the victim has other causes of death. Moreover, the investigation organ didn't make a forensic appraisal of the fact that the victim died in a traffic accident? Autopsy report? And the record of the victim's daughter also reflects that the victim was cremated in a hurry without confirming the cause of death, so the defender has reason to believe that the cause of death of the victim was certainly not caused by a traffic accident.
Finally, subjectively speaking, first, the defendant in this case is a negligent crime, and the circumstances of negligence are relatively minor (if the victim did not suddenly turn left, the case would not have happened, and he sent the injured to the hospital in time, which won valuable time for rescuing the injured), and he was a first-time offender. Second, the defendant has never been punished before. After investigation, neighbors and relevant departments gave him a good evaluation, so his crime was not subjective and vicious. Third, the defendant showed remorse. From the interrogation, confession, prosecution and trial of the defendant in the whole case, it can be seen that after the incident, the defendant can fully and thoroughly explain his behavior to the judicial organs, indicating that the defendant has realized the harmfulness of his behavior and has a good desire to turn over a new leaf. Fourth, judging from today's trial, the defendant can voluntarily confess the facts of the crime and has a good attitude of pleading guilty. Fifth, although the defendant had a hard life, he was able to actively help the victim after the incident and sent the victim to the hospital for rescue with the only money. Before surrendering himself, he also told his wife that he should borrow as much money as possible to compensate the victim's family, and repeatedly asked the lawyer to negotiate civil compensation with the victim's family during the meeting.
To sum up, even if the defendant suffered from chronic hepatitis B, he did his best to pay part of the loss to the victim's family through debt, and obtained the understanding of the victim's family. In addition, the defendant has been in the detention center for several months, which has objectively restricted his personal freedom for some time and been punished. Moreover, the defendant in this case showed repentance, was a first-time offender and had surrendered himself. In addition, the defendant in this case is a negligent crime, and there is no possibility of endangering society again, which meets the conditions of probation. Therefore, it is suggested that the court consider probation according to the situation of this case. Therefore, this defender asked the court to reduce his punishment and give the defendant a chance to turn over a new leaf and turn over a new leaf, which is also in line with the spirit of modesty in our criminal law.
thank you
Jiangsu * * lawyer office
Defender: Wang * *
Second, the sentencing standard of traffic accident crime
Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents stipulates that a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
Third, the standard of filing the crime of causing traffic accidents.
According to the provisions of Article 133 of the Criminal Law, if a serious accident occurs due to violation of traffic regulations, causing serious injuries, deaths or heavy losses to public or private property, a case shall be filed for investigation.
According to 1, Article 2 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents published by the Supreme People's Court on June 5438+0 10, 2000, the crime of traffic accidents should be punished with imprisonment of not more than three years. (2) more than 3 people were killed and were equally responsible for the accident; (3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and unable to compensate for the amount of more than 300,000 yuan. Paragraph 2 of Article 2 stipulates that if a traffic accident causes serious injuries to more than 1 person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident: (1) driving a motor vehicle after drinking or taking drugs; (2) driving a motor vehicle without driving qualification; (three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order; (4) Driving while knowing that it is an unlicensed or scrapped motor vehicle; (five) serious overload driving; (six) to escape from the scene of the accident in order to escape legal investigation.
In one of the above circumstances, the public security organ shall file a case for investigation. It should be noted that whether a traffic accident case is decided to be put on file depends on distinguishing the responsibility of the accident and whether it meets the specific standards of the above judicial interpretation. If the perpetrator only violates the rules and does not cause serious consequences, it will not be treated as a crime and will not be placed on file.
Defense words for the crime of hit-and-run traffic @20 19