Ministry of Public Security
Guiding opinions of public security organs on handling crimes of drunk driving motor vehicles
Bus tube (20 1 1) 190 No.
Public security departments and bureaus of all provinces, autonomous regions and municipalities directly under the Central Government, and Public Security Bureau of Xinjiang Production and Construction Corps:
20 1 1 Since the implementation of the Criminal Law Amendment (VIII) in May of 1, local public security organs have investigated and dealt with a number of crimes of drunk driving motor vehicles according to law, and achieved good legal and social effects. In order to ensure the correct implementation of the Criminal Law Amendment (VIII) and further standardize the law enforcement activities of public security organs in handling criminal cases of drunk driving motor vehicles, according to the provisions of the Criminal Law and related amendments, the Criminal Procedure Law and the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs, we hereby put forward the following guiding opinions on handling criminal cases of drunk driving motor vehicles by public security organs:
The first is to further standardize on-site investigation.
1, strict blood sample extraction conditions. The traffic police shall strictly check the behavior of driving a motor vehicle after drinking in accordance with the "Code for Law Enforcement of Traffic Police on Road Duty". If a motor vehicle driver is found to be suspected of driving a motor vehicle after drinking, a breath alcohol test shall be conducted immediately. Suspected of drunk driving a motor vehicle, the parties have objections to the breath alcohol test results, or refuse to cooperate with breath alcohol test and other methods, as well as traffic accidents after drinking and driving a motor vehicle after drinking, blood samples should be taken immediately to test the blood alcohol content.
2. Fix the criminal evidence in time. In the process of seizing the suspect of drunk driving a motor vehicle, taking breath alcohol test and taking blood samples, on-site investigation records shall be made in time; Conditional, it should also be recorded by taking pictures or audio or video recording; If there are witnesses at the scene, the testimony of the witnesses shall be collected in time. If a party is found to be suspected of driving a motor vehicle after drinking or being drunk, the motor vehicle driver's license shall be detained according to law, and if it is necessary to be used as evidence, the motor vehicle driven by the party may be detained according to law.
3. Improve the restraint measures for sobering up. If the party concerned is drunk, he should take protective restraint measures first and conduct personal safety inspection. Two or more traffic policemen or 1 traffic policemen will lead two or more traffic assistants to take the parties to the restrained place to sober up and restrain them until they wake up. For the parties whose behavior is out of control, restraint belts or police ropes may be used, but police equipment such as handcuffs and shackles shall not be used. Places where sober-up is restricted shall be equipped with sober-up facilities and safety protection facilities. In the process of restraint, it is necessary to strengthen supervision, release the restraint immediately after confirming that the parties are awake, and ask questions.
4. Improve the inspection method on duty. When checking drunk driving motor vehicles on the road, the traffic police shall take effective measures, scientifically organize and divert traffic, and reasonably control the number of stopped vehicles according to the traffic flow. When the traffic volume is large, measures such as reducing the number of inspection vehicles or temporarily stopping and intercepting should be taken to ensure the safety and order of the site. When drivers are required to take breath alcohol test, they should use standard terms and operate in strict accordance with working procedures, and replace each tester with a new interface. If a party violates the test requirements, it shall have a second interview on the spot.
The second is to further standardize the time limit for handling cases.
5. Standardize blood sample extraction and inspection. The traffic police should monitor the whole process of the parties' taking blood samples to ensure that the collected evidence is legal and effective. The extracted blood samples shall be registered and repackaged on the spot, and immediately sent to the inspection and appraisal institution of the public security organ at or above the county level or other qualified inspection and appraisal institutions recognized by the public security organ for blood alcohol content inspection. If it cannot be sent for inspection immediately due to special reasons, it shall be kept at low temperature according to the specifications, and can be sent for inspection within 3 days with the approval of the person in charge of the traffic management department of the public security organ at a higher level.
6. Improve the efficiency of inspection and appraisal. It is necessary to speed up the construction of blood alcohol inspection and identification institutions and strengthen the training of inspection and identification technicians. City and county public security organs that have not yet established inspection and appraisal institutions should establish inspection and appraisal institutions with blood alcohol detection function as soon as possible and establish a 24-hour duty system. In order to effectively improve the efficiency of blood alcohol inspection and identification, the inspection and identification institution shall issue an inspection report on the blood samples submitted for inspection within 3 days. If the parties have any objection to the inspection results, they shall be informed to apply for reinspection within 3 days after receiving the inspection report.
7. Strict time limit for handling cases. It is necessary to establish a rapid investigation system for drunk driving motor vehicle cases, strengthen internal cooperation in handling cases, and strictly require the time limit for handling cases. In order to improve the efficiency of handling cases, suspects found drunk or drunk driving motor vehicles at the scene, which do not constitute a criminal case, can be verbally summoned to a designated place for investigation; Conditional, can conduct on-site investigation and inquiry of the parties; If compulsory measures are taken against criminal suspects, they shall be interrogated in time. If the facts of the case are clear and the evidence is really sufficient, the investigation shall be terminated within 7 days from the date when the criminal suspect is arrested and transferred to the people's procuratorate for examination and prosecution; Under special circumstances, with the approval of the person in charge of the county-level public security organ, the time limit for handling cases may be appropriately extended.
Third, further standardize the investigation work.
8. Strictly grasp the filing standards. If the driver's blood alcohol content reaches the standard of drunk driving a motor vehicle after inspection, he shall be investigated on suspicion of dangerous driving; Those who do not meet the standards for drunk driving motor vehicles shall be given administrative punishment in accordance with the relevant provisions of the Road Traffic Safety Law. After being seized, if the party concerned drinks alcohol before breath alcohol test or blood drawing in order to avoid legal investigation, and his blood alcohol content reaches the standard of drunk driving a motor vehicle after inspection, he shall file a case for investigation. If a party reaches the standard of drunk driving a motor vehicle after breath alcohol test and escapes before taking blood samples, it shall file a case for investigation according to the breath alcohol content.
9. Collect evidence comprehensively and objectively. For cases of drunk driving motor vehicles that have been filed, criminal evidence should be collected and collected comprehensively and objectively, and strictly examined and verified. It is necessary to check and verify the basic information of vehicles and personnel and the illegal and criminal information of motor vehicle drivers in time, and record in detail the process of seizing drunk driving motor vehicles, the basic characteristics of personnel and vehicles, as well as the breath alcohol test, compulsory measures, blood collection, oral summons and fixed evidence on the spot. When interrogating a criminal suspect, we should focus on whether the suspect is guilty or not and the seriousness of the case, and listen to the plea of innocence. It is necessary to collect evidence materials such as witness testimony and audio-visual materials that can prove whether the suspect is drunk driving a motor vehicle.
10, compulsory measures apply. According to the actual situation of the case, compulsory measures such as detention, bail pending trial, residential surveillance and detention are taken. Criminal suspects suspected of drunk driving motor vehicles should be reasonably applied according to law to ensure the smooth handling of the case. If a criminal suspect attempts to commit suicide, escape or escape, or does not give his real name and address, and his identity is unknown, and it is really necessary to detain the criminal suspect, detention measures can be taken according to law. If the facts of the crime cannot be ascertained during the detention, he shall go through the formalities of obtaining bail pending trial or residential surveillance according to law. If it is found that the criminal responsibility of the criminal suspect should not be investigated or the compulsory measures expire, the compulsory measures should be lifted in time.
1 1, do a good job in handling cases. After the investigation of the case, if the facts of the crime of drunk driving a motor vehicle are clear and the evidence is true and sufficient, the motor vehicle driver's license of the criminal suspect shall be revoked according to law before the case is transferred to the people's procuratorate for examination and prosecution. Other road traffic violations that should be given administrative punishment according to law. After the case is transferred for review and prosecution, it is necessary to know the prosecution and judgment of the case in time, and file the case in time after receiving the court judgment or relevant judicial recommendation letter. If the procuratorial organ decides not to prosecute or the court decides not to be guilty, but the facts of drunk driving a motor vehicle are clear and the evidence is true and sufficient, administrative punishment shall be given according to law.
12, strengthen law enforcement management. It is necessary to further clarify the requirements for handling cases, and refine the standards and procedures for handling cases in key links such as breath alcohol test, blood sample extraction and preservation, filing and withdrawal of charges, application of compulsory measures, and seizure of goods. It is necessary to strictly implement the filing review system and further standardize the scope, content and standards of filing review. Matters involving the quality of the case must be checked by legal staff and legal departments to ensure the quality of the case. It is necessary to improve the informatization level of case handling, vigorously promote online case handling, strictly implement the standards and time limits for online entry of case handling information, gradually realize the online operation of the whole process of case acceptance, filing, investigation, legal document production and legal review and approval, strengthen online monitoring and assessment, and put an end to "human cases" and "relationship cases".
Fourth, further standardize safety protection measures.
13, equipped with law enforcement equipment. Traffic police must be equipped with breath alcohol content detector, restraint belt, warning rope, camera, camera, law enforcement recorder, reflective baton, stop sign and other equipment when checking drunk driving motor vehicles on the road. Vehicles on duty should also be equipped with first aid equipment such as fire fighting equipment and first aid kit. According to the needs, they can be equipped with simple demolition tools, car puncture devices, speedometers and other equipment.
14, improve the investigation procedure. When checking drunk driving motor vehicles on the road, the traffic police should reasonably choose a safe place that does not hinder the passage of vehicles according to the road conditions and traffic conditions. The inspection shall be carried out by two or more traffic policemen. It is necessary to ensure the personal safety of the police, clarify the inspection actions and investigation procedures of the police, and implement safety protection measures to prevent the police from being injured.
20 1 1 August1/day.
The Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security
"Notice of Printing and Distribution"
Fa Fa Fa Fa Fa [20 13]No. 15
Higher People's Courts, People's Procuratorates and Public Security Bureaus of all provinces, autonomous regions and municipalities directly under the Central Government, Military Courts and Procuratorates of the People's Liberation Army, Security Department of the General Political Department, Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region, People's Procuratorate and Public Security Bureau of Xinjiang Production and Construction Corps:
Since the implementation of the Eighth Amendment to the Criminal Law of People's Republic of China (PRC), all localities have strictly enforced the law, investigated and dealt with a number of criminal cases of drunk driving motor vehicles, and achieved good legal and social effects. In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving motor vehicles according to law, and safeguard the safety of the public and people's lives and property, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security, after in-depth investigation and study, extensively solicited opinions, formulated the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles. Is issued to you, please earnestly organize the study and conscientiously implement. If there is any problem in the implementation, please report it to the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security in time.
20 13 years1February 18 days
Opinions on some issues concerning the application of law in handling criminal cases of drunk driving motor vehicles
In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving motor vehicles according to law, and safeguard public safety and the safety of people's lives and property, this opinion is formulated in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the practice of investigation, prosecution and trial.
A, driving a motor vehicle on the road, the blood alcohol content reached more than 80 mg/100 ml, belong to drunk driving a motor vehicle, in accordance with the provisions of the first paragraph of Article 133 of the Criminal Law, convicted and punished for dangerous driving.
The "roads" and "motor vehicles" mentioned in the preceding paragraph shall be governed by the relevant provisions of the Road Traffic Safety Law.
Two, drunk driving a motor vehicle, one of the following circumstances, in accordance with the provisions of the first paragraph of Article 133rd of the Criminal Law, a heavier punishment:
(1) Causing a traffic accident, taking full or main responsibility for the accident, or causing a flight after a traffic accident, which does not constitute other crimes;
(2) The alcohol content in blood reaches 200mg/65438 000 ml;
(3) Driving on expressways and urban expressways;
(four) driving a motor vehicle to carry passengers;
(five) serious violations of road traffic safety laws, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, using forged or altered motor vehicle number plates;
(6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes;
(7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(eight) other circumstances that can be severely punished.
Three, drunk driving a motor vehicle, violence, threats to hinder the public security organs to check according to law, but also constitute a crime of obstruction of official duties and other crimes, in accordance with the provisions of combined punishment for several crimes.
Four, the defendant drunk driving a motor vehicle to impose a fine, according to the defendant's drunkenness, whether it caused actual damage, confession and repentance attitude. , to determine the amount of fines appropriate to the main punishment.
Five, the public security organs in the investigation of criminal suspects drunk driving a motor vehicle, the seizure process, breath alcohol content detection and blood collection process should be recorded; If conditions permit, photographs, audio recordings or video recordings shall be taken; If there is a witness, the testimony of the witness shall be collected.
Six, the blood alcohol content test opinion is the basis for determining whether the suspect is drunk. If a criminal suspect reaches the drunkenness standard stipulated in Article 1 of this opinion through the breath alcohol content test and escapes before blood collection, the breath alcohol content test result can be used as the basis for determining his drunkenness.
If a criminal suspect drinks alcohol before breath alcohol content test or blood drawing in order to avoid legal investigation in the inspection conducted by the public security organ according to law, and his blood alcohol content reaches the drunk standard stipulated in Article 1 of this opinion, he shall be deemed as drunk.
Seven, to handle criminal cases of drunk driving motor vehicles, we must strictly implement the relevant provisions of the Criminal Procedure Law, effectively protect the litigation rights of criminal suspects and defendants, and timely investigate, prosecute and try within the statutory time limit.
A criminal suspect or defendant who is drunk driving a motor vehicle may be detained or released on bail pending trial according to the circumstances of the case. For those who meet the conditions of obtaining a guarantor pending trial, but the criminal suspect or defendant cannot provide a guarantor or pay a deposit, they can be placed under residential surveillance. If the circumstances are serious, the criminal suspect or defendant who violates the provisions on obtaining a guarantor pending trial and residential surveillance may be arrested.