After a person commits a traffic accident crime and is prosecuted by the procuratorate, the defendant will often submit a traffic accident defense statement to the People's Court during the lawsuit in order to reduce his sentence or be acquitted. Let the author bring you the relevant content of traffic accident defense words, let’s take a look together.
1. Defense Speech for the Crime of Traffic Accident
Dear presiding judge and judge:
Lawyer xx accepted the entrustment of xx to serve as the lawyer for the case of xx suspected of causing a traffic accident. First trial defender. Based on the facts and law, we now issue the following defense opinions for the court’s reference:
(1) The victim had a major fault in this case
On the night of the incident, the victim xx drove under the influence without reason. After being drunk, he smashed the glass of the parked cab and then intercepted trucks and other vehicles driving on xx Road. In the case of forcible interception on foot, xx did not observe enough, which led to the incident. It can be seen that xx bears a certain degree of responsibility in this case.
(2) xx has statutory and discretionary circumstances that may lead to a lighter or mitigated punishment
1. It was night when the crime occurred, and the road conditions were poor. xx was subjectively negligent. 's fault. His subjective malignancy is relatively small, and his criminal behavior has little social harm, so his sentencing should be fully considered and given a lighter punishment;
2. xx immediately returned to the scene of the accident after the truck accident and took the initiative to report to the traffic police Surrender, confess to the traffic accident, meet the conditions for surrender, and have the circumstances to surrender;
3. xx has a good attitude towards confession and actively repentes. After surrendering, xx was able to fully realize his mistakes, completely repent, and show a positive attitude of atonement;
4. xx is a first-time offender or an occasional offender. The defendant has always behaved well and has not received any administrative or criminal punishment. He is a first-time offender and an occasional offender. Therefore, he should be given the opportunity to reform and be given a lenient punishment;
5. After the incident, xx passed His relatives actively compensated the victim's family for funeral expenses, alimony and other expenses of 250,000 yuan, showing a subjective mentality of minimizing the damage to society and others; they also successively received funeral expenses, alimony and other expenses from the victim's family. At the same time, we also obtained the understanding of the victim’s family, who requested that XX be given a lighter punishment or a reduced punishment. If xx is punished lightly, xx can be truly educated.
(3) xx’s family situation is special
xx lives with her mother, daughter, and sister ***. She has an elderly mother above her and a three-year-old daughter who needs to be taken care of. The money to buy the car has not been spent yet, and the victim's family has borrowed huge debts to compensate the victim. The family life is difficult and the burden is very heavy.
(4) XX meets the legal conditions for a suspended sentence.
Comprehensive analysis of the criminal facts and circumstances of xx shows that he is less subjectively malignant, has good confession and repentance, is a first-time offender, and actively pays victim fees. According to Article 72 of my country's "Criminal Law", based on the criminal's criminal circumstances and repentance, if the application of probation will indeed no longer harm society, a suspended sentence can be declared? According to its relevant provisions, Zhang has the basic conditions for probation.
In summary, the court requires that in line with the principle of "combination of punishment and education", based on facts and based on the law, a fair judgment should be made in accordance with the law, and xx should be given a suspended sentence.
Defense: Lawyer xx
xx, xx, xx
2. Sentencing Standards for Traffic Accidents
"The People's Republic of China Article 133 of the Criminal Law stipulates: Whoever violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death, or causing heavy losses to public or private property, shall be fined not more than 10,000 yuan, and shall also be fined 10,000 yuan. A fine of more than 100,000 yuan. Those who cause serious losses to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; those who escape in traffic accidents or have other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if their escape causes death, they shall be sentenced to fixed-term imprisonment of not less than seven years. imprisonment.
The "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents" stipulates that 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) Causing the death of one person or seriously injuring three or more people, and being fully or mainly responsible for the accident;
(2) Causing the death of three or more people, and being equally responsible for the accident
(3) Causing direct losses to public property or other people's property, bearing full or major responsibility for the accident, and being unable to compensate for an amount exceeding 300,000 yuan.
(4) Driving a motor vehicle knowingly that it is an unlicensed or scrapped motor vehicle;
(5) Driving with a serious overload;
3. Criteria for identification of traffic accident crimes
According to Article 133 of the "Criminal Law", a major accident occurs due to violation of traffic and transportation management regulations, causing serious injury to others or causing serious injury to one person. According to Article 133 of the Criminal Law, if a major accident occurs, causing serious injury or death, or causing heavy losses to public or private property, a case shall be filed for prosecution.
According to the Supreme People’s Court’s announcement on November 10, 2000, the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents, which came into effect on November 21, stipulates that traffic Anyone who causes an accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention: (1) Causing the death of one person or seriously injuring three or more people, and being solely or mainly responsible for the accident. Who is fully or mainly responsible for the accident; (2) Causes the death of three or more people and is equally responsible for the accident; (3) Causes direct losses to public property or other people's property, is fully or mainly responsible for the accident, and is unable to compensate for the amount of 30 More than 10,000 yuan. Paragraph 2 of Article 2 stipulates that if a traffic accident causes serious injuries to one or more people and the person 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) Driving a motor vehicle while drunk or taking drugs; ( 2) Driving a motor vehicle without driving qualification; (3) Driving a motor vehicle knowingly that it has incomplete safety devices or malfunctioning safety parts; (4) Driving a motor vehicle knowing that it has no license plate and has been scrapped; (5) ) knowingly drove a motor vehicle that had no number plate and had been scrapped. (4) Driving a motor vehicle knowingly that it is an unlicensed or scrapped motor vehicle; (5) Driving with a serious overload; (6) Fleeing the scene of an accident in order to avoid legal prosecution.
If any of the above circumstances are met, the public security organs shall file a case for investigation. It should be noted that the decision to file a traffic accident case must first be to clarify the responsibility for the accident, and secondly to see whether it meets the specific standards of the above-mentioned judicial interpretation. If the perpetrator only violates the rules and does not cause serious consequences, he will not be sentenced and the case will not be filed.
Traffic Accident Defense@2019