Are the courts and procuratorates obliged to inform the families of the victims of the verdict? Is their behavior illegal?

1. The procuratorate has no obligation to inform, and the court has no clear obligation to inform, but the court should bear the responsibility of informing. The Criminal Procedure Law and related provisions stipulate that in cases where the procuratorate takes the lead in the prosecution during the review and prosecution, the procuratorate is responsible for notifying all parties. At this time, the clear parties include the victim. However, after review and prosecution, the criminal proceedings are led by the court. Although the court stipulates in the law The scope of the notice does not explicitly include the victim, but considering that the trial procedure is determined by the court, it should be decided by the court when the relevant parties will appear in court and whether they can appear in court. The "Criminal Procedure Rules" clearly stipulate that the prosecutor also needs to appear in court during the trial. When questioning the victim, the procuratorate, as a legal supervision agency, should urge the court to notify the victim.

2 In this case, although the court did not mention "hit and run", the fact that the court found the circumstances was because the court gave a "lighter punishment" based on the surrender and voluntary confession of the parties involved, according to the Criminal Law It stipulates that if the accident is not determined to be a traffic accident, the victim should be questioned. It stipulates that if the hit-and-run is not recognized, the first sentencing range should be applied, which is less than three years. Therefore, in any case, the lighter punishment should be less than three years, and the second sentencing range of "three years" should be applied after the hit-and-run. "Above seven years but below seven years", on the basis of a lighter sentence, he can be sentenced to three years. However, the court did not make it clear that there was something wrong with the decision.

3 As for whether this case is an "escape resulting in death", it cannot be seen from the court's judgment. It cannot be seen whether the death occurred on the spot, or whether the death was due to death due to escape. This is the expression of the court's judgment. If there is an important mistake in the document, the relevant facts should be clarified. If the determined fact is not death on the spot, or not death on the spot, but inevitable death based on the inability to treat the injuries, but overdue death caused by escape, the criminal law and the third sentencing range should be applied, that is, "more than seven years to ten years" "Less than five years", even if it is determined that he surrenders, he should be given a lighter punishment, and the minimum sentence should be seven years

4 However, the judgments of the Supreme People's Court and the Supreme People's Procuratorate are not clear. p>

4 However, the Supreme Court’s judicial interpretation of traffic accidents determined that the second sentencing range should be applied to "hit and run". In fact, it modified the criminal law and limited it to five situations, that is, at the same time Anyone who falls under one of the five circumstances of escape shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years. From this point of view, the judgment of the first instance court did not specify which of the five circumstances. This is the second seriously inappropriate judgment. .

There are many problems in the internal logic of this judgment. It is not legal in form. It is difficult to say whether it is strictly legal in fact. The possibility of illegal adjudication and malpractice for personal gain cannot be ruled out. We still need to grasp the comprehensive factual basis. Make a judgment on the basis, if you still have questions, you can consult further

Attached are the relevant legal provisions:

Criminal Law Article 133 Traffic Accident Crime in Violation of Traffic and Transportation Management Regulations . Anyone who violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to others or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; whoever commits a hit-and-run accident in transportation or has other particularly serious circumstances shall be sentenced to more than three years. The offender shall be sentenced to fixed-term imprisonment of not more than seven years; if escape causes death, the offender shall be sentenced to fixed-term imprisonment of not less than seven years.

Judicial Interpretation of the Supreme People's Court on the Trial of Criminal Cases of Traffic Accidents

Article 2 Anyone who causes a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(1) If one person is killed or three or more people are seriously injured, the person is fully or mainly responsible for the accident;

(2) If three or more people are killed, the person is equally responsible for the accident;

< p> (3) Causing direct losses to public property or other people's property, bearing all or major responsibility for the accident, and being unable to compensate for an amount exceeding 300,000 yuan.

If a traffic accident causes serious injuries to one or more people, who is fully or mainly responsible for the accident, and falls under any of the following circumstances, he shall be convicted and punished for the crime of traffic accident:

(1) Drunk or taking drugs Driving a motor vehicle after driving;

(2) Driving a motor vehicle without obtaining the driving qualification;

(3) Driving a motor vehicle knowing that it has incomplete safety devices or failed safety parts

(4) Driving a motor vehicle knowingly that it has no license plate or has been scrapped;

(5) Driving with a serious overload;

( 6) Fleeing the scene of the accident in order to avoid legal prosecution.

Article 3 "Traffic hit-and-run" means that the perpetrator has one of the circumstances specified in Article 2, paragraph 1 and 2, items (1) to (5) of this Interpretation, in order to evade The law pursues those who commit runaway traffic accidents.