The defense opinions in the stage of traffic accident review and prosecution need to indicate the basic information of the criminal suspect and the defender first, then write down the specific defense opinions and the facts and reasons of the case, and finally indicate the signature and date of the defender. In the examination and prosecution stage of traffic accident crime, the defense opinion generally points out which area the procuratorate is in, then lists the entrustment and related rights of the criminal suspect according to the provisions of the law, and finally, the lawyer will state the direction and basis of his defense in the document, which generally includes facts, evidence and applicable laws. The general process of criminal proceedings is that if a case investigated by a public security organ deems it necessary to be investigated for criminal responsibility, the public security organ will transfer the case to the people's procuratorate, and the people's procuratorate will examine whether it is necessary to file a public prosecution with the people's court. According to the law, when examining a case, the people's procuratorate should mainly find out whether the facts and circumstances of the crime are clear, whether the evidence is really sufficient, whether the nature of the crime and the determination of the charges are correct, whether there are omissions in the crime, and whether there are circumstances in which criminal responsibility should not be investigated.
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. The following persons may be entrusted as defenders: (1) lawyers; (2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs; (3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
1. Whoever commits a traffic accident in 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 dies or seriously injures more than three people, he shall bear all or main responsibility for the accident;
2, more than three people died, bear the same responsibility for the accident;
3. Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
Two, traffic accidents caused more than one serious injury, bear all or the main responsibility for the accident, and has one of the following circumstances, convicted and punished for traffic accidents:
1, driving a motor vehicle after drinking or taking drugs;
2. Driving a motor vehicle without driving qualification;
3. Driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
4. Driving with knowledge of unlicensed or scrapped motor vehicles;
5, serious overload driving;
6. Escape from the scene of the accident to avoid legal investigation.