In your case, the perpetrator, that is, the suspect, may be sentenced to probation, that is, guilty, but there is no need to put him in prison for execution.
There is a time limit. Refer to the Criminal Procedure Law.
The suspended sentence of traffic accident crime remains high, and vigilance has become the gold medal for the rich to be exempted from punishment.
May 2009 18 09:49 Legal Network-Legal Daily Ding Guofeng
Reflections on the high probation rate of traffic accident crime
In view of the "Fujiazi racing case in Hangzhou", the spokesman of Hangzhou Public Security Bureau of Zhejiang Province announced to the public on May 6 16 that according to the accident appraisal report, the speed of the accident vehicle on the accident section was in the range of 84. 1 km/h to1kloc-0/.2 km/h.
10 A few days ago, Tan Zhuo, a 25-year-old youth, was knocked down by a speeding Mitsubishi sports car at the pedestrian crossing on Wen 'er West Road in Hangzhou.
Similar traffic accidents happen from time to time in every city, but this accident is rapidly heating up because of several key words: sports car, "rich second generation", disregard for life, "family background" ... The public's sensitive nerves are shaken again, and an ordinary traffic accident quickly rises to a national public opinion event. ...
Special perspective
In recent years, traffic accidents have become more and more frequent all over the country. In an instant, the "road killer" can create a human tragedy in Where Are You Going? At the same time, people began to pay more attention to the punishment of traffic accidents.
The reporter learned that the crime of traffic accident, as a negligent crime, has relatively low punishment and more suspended sentences. An important consideration in the application of probation is whether the compensation for the victim is in place, which has aroused heated discussion in society: for the rich, this crime will exist in name only-"paying money to buy punishment" and "replacing punishment with compensation" and so on.
Then, in judicial practice, can full compensation for traffic accidents be "delayed"? Should I wear a "golden hoop" when applying for probation for traffic accidents?
Suspended sentence for traffic accident crime
The proportion is as high as 80%
Yangzhong City, Jiangsu Province, covers an area of 332 square kilometers and has a population of about 300,000. The area is small but the population density is large, and the frequency of traffic accidents is high.
The reporter learned from Yangzhong People's Court that in the past five years, the crime of traffic accidents has the following characteristics in sentencing:
Traffic accident cases are on the rise, and the total number of traffic accident cases has become the second most frequent crime after theft in recent five years.
Judging from the performance of the perpetrators after the traffic accident, most of the defendants have taken the initiative to report the case, surrendered themselves or entrusted others to report the case, and the surrender rate is over 50%.
In traffic accident cases, the actual punishment is less, the vast majority of defendants were sentenced to fixed-term imprisonment of less than three years or criminal detention, and more than 80% of such defendants were declared suspended. In the past five years, the maximum penalty for traffic accidents is five years.
Judging from the effect of probation, about 85% of the defendants can fully compensate the victims and their families for their economic losses.
Then, can it be inferred whether full compensation is an important factor affecting sentencing?
According to the analysis of relevant persons in Yangzhong Court, from the micro level, after the victim's life, health and property are infringed, except for the defendant's escape or gross negligence, economic compensation is the first, and most victims hope that their economic losses can be compensated as soon as possible and in full. From the defendant's point of view, he actively compensated the victim in full, hoping that the court would be lenient in sentencing. If sentenced to actual punishment, the defendant's initiative and enthusiasm for compensation will be greatly affected.
However, the contradictions often encountered in practice are: the defendant in the case is rich in economy and can compensate the victim and his family in full or even in excess; In another case, the defendant is a migrant worker who drives a "deformation tractor" to transport clay bricks for a living and cannot compensate the victim. Then it is very likely that the former will be sentenced to probation and the latter will be sentenced to actual punishment. This will inevitably affect the application of probation because of the level of compensation ability, objectively causing unfairness in the application of punishment, and also leading to the social hot discussion that "rich people don't have to go to jail for killing".
Some scholars believe that if too much consideration is given to whether the defendant's economic compensation is in place, and this is taken as an important consideration for the application of probation, it will be difficult to play an educational deterrent role in potential traffic accident crimes, and it will be impossible to realize the punishment and prevention functions of punishment, which will objectively breed the luck psychology and imitation psychology of traffic accident crimes.
"This is actually a dilemma between law and order." The investigating judge told the reporter that in the trial of traffic accident cases, we should not mechanically look at how much money the defendant lost, but should comprehensively consider the defendant's compensation ability, subjective positive degree and whether there are other circumstances that affect sentencing. For "rich people", even if they are fully compensated, but there are other serious circumstances, they cannot be given probation on the grounds of reaching an understanding with the victim. On the contrary, "poor people" who have no full compensation but have other conditions may also be sentenced to probation.
Exceptions to probation
Three strict principles must be considered.
The reporter learned that the crime of causing traffic accidents is a negligent crime. Generally speaking, the defendant's subjective malignancy is small, and the application of probation to him is also in line with the criminal policy of "tempering justice with mercy". However, the judge handling the case believes that in judicial practice, it is necessary to clarify some hard principles and circumstances and unify the application standards.
A case-handling judge told reporters that the defendant driving without a license, drunk driving, escaping after an accident, causing death due to escape or failing to actively provide help to the victim, even if the victim is fully compensated in advance, it depends on whether he has legal mitigating circumstances such as surrender and meritorious service, otherwise probation should be strictly applied.
At the same time, probation is not suitable for those who have repeatedly violated traffic regulations and been sentenced to punishment for traffic accidents. Those who violate traffic laws and regulations for many times or cause traffic accidents for many times show that their subjective faults are large and their repentance is not deep enough. The application of probation may still threaten the traffic safety of the public in the same dangerous way, so it is not appropriate to apply probation to it.
Probation should not be applied to those who have the ability to compensate and refuse full compensation. If you have the ability to make full compensation, but refuse to pay compensation by transferring or concealing property, especially if the refusal causes irreparable losses and bad social impact to the victims and their families, it is unfair to apply probation to such defendants. (Legal Daily)