1. Understand the prerequisites for immunity from prosecution for drunk driving
The prerequisite for immunity from prosecution for drunk driving is that the criminal suspect must sincerely repent and show respect for the law and a sense of responsibility to society with practical actions. This includes actively compensating for losses and obtaining the victim’s forgiveness. In addition, criminal suspects must cooperate with the investigation work of the public security organs, truthfully confess their crimes, and are not allowed to conceal or fabricate evidence.
Secondly, specific requirements for immunity from prosecution for drunk driving
On the basis of meeting the prerequisites, drunk driving suspects also need to meet some specific requirements for immunity from prosecution. For example, the crime is minor and the harm is not great, and the criminal suspect has statutory mitigating and mitigating circumstances such as surrendering and performing meritorious service. At the same time, specific circumstances such as the suspect's degree of drunkenness, driving distance, and whether he caused an accident must also be considered.
The third is to apply for immunity from prosecution
Criminal suspects who meet the conditions for immunity from prosecution can entrust a lawyer to apply to the procuratorate for immunity from prosecution. When applying, you need to provide relevant evidence and materials to prove that the criminal suspect meets the conditions for immunity from prosecution. After receiving the application, the procuratorate will conduct a strict review, including a comprehensive assessment of the case facts, evidence, and the suspect's remorse.
Fourth is the review decision of the procuratorial organ
During the review process, the procuratorial organ will fully consider the criminal suspect's remorse, the specific circumstances of the case, and the social impact. If it is believed that the criminal suspect meets the conditions for immunity from prosecution, the procuratorate may decide not to prosecute. However, it should be noted that failure to prosecute does not mean innocence, and criminal suspects still need to bear corresponding administrative responsibilities.
In summary:
It is not easy to avoid prosecution for drunk driving. It requires the criminal suspect to meet prerequisites such as sincere repentance and cooperation with the investigation, and meet a series of specific requirements. On the premise that these conditions are met, the criminal suspect may apply to the procuratorate for immunity from prosecution. After strict review, the procuratorate will make a decision on whether to prosecute based on the specific circumstances of the case.
Legal basis:
"Criminal Procedure Law of the People's Republic of China"
Article 16 stipulates:
One of the following circumstances If criminal responsibility has been investigated, the case should be dismissed, or no prosecution should be initiated, or the trial should be terminated, or the case should be acquitted:
(1) The circumstances are obviously minor and the harm is not great, and the case should not be considered is a crime;
(2) The crime has passed the statute of limitations for prosecution;
(3) The person is exempted from punishment by a pardon order;
(4) In accordance with the criminal law For crimes that are stipulated to be dealt with only upon complaint, no complaint is made or the complaint is withdrawn;
(5) The criminal suspect or defendant dies;
(6) Other legal provisions are exempted be held criminally responsible.
For these cases, the cases should be dismissed, or no prosecution should be carried out, or the trial should be terminated, or acquittal should be acquitted.
Article 133-1 of the "Criminal Law of the People's Republic of China"
stipulates:
Driving a motor vehicle on the road in any of the following circumstances , be sentenced to criminal detention and fined:
(1) Racing, chasing, and driving, the circumstances are serious;
(2) Driving a motor vehicle under the influence of alcohol;
(3) Engaging in the school bus or passenger transport business, seriously exceeding the rated passenger capacity, or driving seriously exceeding the prescribed speed;
(4) Violating the safety management regulations of hazardous chemicals and transporting hazardous chemicals, endangering the public* ***.