It's best not to take the summary procedure for drunk driving. In real life, after drunk driving is caught, criminal responsibility should be investigated, because drunk driving is an act that will cause very serious consequences. Here is a brief introduction to drunk driving.
It is best not to take the summary procedure for drunk driving 1. Drunk driving is a simple procedure.
1. If the defendant admits his crime and has no objection to the case or the application of summary procedure, it needs to be concluded in court within 20 days after acceptance.
2. Before the court session, the family members will be informed to attend the hearing, and the court session will be held directly in the law enforcement hall near the place.
3. There is only one judge and one clerk in the general summary procedure, and the judgment can be pronounced without the collegial panel and other results.
4. After the trial, the charges and penalty results will be directly pronounced, and the prescribed sentence will be directly executed after the verdict is pronounced, or the bail will be released pending trial, or the probation will be sentenced.
A drunk driving notice to the procuratorate
1. It may be to inform you to go through the formalities of obtaining a guarantor pending trial, and you need to prepare a deposit of 100000 yuan for obtaining a guarantor pending trial.
2. It may be that after obtaining the guarantor, the procuratorate notified the signature, asked questions to understand the case and made a record.
You can't go home directly if you have finished the transcript. You need to be sentenced to 1 to 6 months of criminal detention. But if the circumstances are not serious, they may be suspended and can go home.
4. If the circumstances are serious, the procuratorate will also hand over the case to the court for prosecution, and finally it will be accepted by the court.
If it's just drunk driving and the evidence is complete, then you don't need to hire a lawyer, which is a waste of money, because it's the same as hiring a lawyer. The laws and regulations on drunk driving punishment have been stipulated, and it is useless to ask a lawyer. If there is a traffic accident or the case is complicated, you can ask a lawyer to defend yourself.
If the drunk driving situation is not serious, if the plot is simple and clear, you can directly enter the summary procedure, because the cause, process and result of drunk driving have been understood. In this case, you can close the case more quickly through the summary procedure. However, if you have any objection to the alleged criminal facts, don't go through the summary procedure, you need to go through the normal public prosecution procedure.
If you disagree with the accusation, you need to ask a lawyer to defend yourself. Lawyers can help criminal suspects put forward relevant excuses according to the facts of the case and relevant laws and regulations. And put forward materials and opinions that can exempt, reduce, lighten or acquit the defendant from criminal responsibility, and can also safeguard the litigation-related rights and other legitimate rights and interests of criminal suspects and defendants. Therefore, in some cases, it is very useful to hire a lawyer, and you can fight for a mitigated punishment for yourself.
It's best not to take the summary procedure for drunk driving. Is the summary procedure of drunk driving suspended?
If the conditions are met, a suspended sentence may be declared, which shall be decided by the people's court after hearing.
legal ground
Applicable conditions criminal law article 72 a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, people under 18 years old, pregnant women and people over 75 years old should suspend:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
According to the above answers, it can be concluded that the summary procedure of drunk driving is not necessarily suspended, but it can be suspended if it meets the conditions, and it will be decided by the people's court after hearing. A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions.
It's best not to take the summary procedure for drunk driving. 3. Summary procedure of court session for drunk driving
1, drunk driving punishment Step 1: draw blood. Wait for the blood test report, about four to five days.
2. Penalty for drunk driving Step 2: Tell me to get a blood test report (pay 300 yuan blood test fee). The root blood alcohol content is qualitative, if it is lower than 80/mg, it is drunk driving. Penalty result: the driver's license was deducted for six months and a fine of 2000 yuan was imposed. Those whose alcohol content exceeds 80/mg are drunk driving, and the punishment result: the driver's license is revoked and driving is banned for five years, and the traffic police hand it over to the procuratorate for prosecution.
3. The third step of drunk driving punishment: the traffic police team informs the household registration police station to handle bail pending trial (a deposit of 1 10,000 yuan is required). Designated by the police station to handle the GPS mobile phone number and keep it on call. This process takes about a day or two. According to personal circumstances, report to the institute on the 26th of each month and write a thought report by hand.
4. Drunk driving punishment Step 4: Transfer the case to the procuratorate. It will take about one and a half months to two months to wait for the procuratorate to file a public prosecution with the court.
5. the fifth step of drunk driving punishment: the procuratorate issues an indictment.
6. the sixth step of drunk driving punishment: wait for the court to pronounce the sentence, ten days to half a month.
7. Drunk driving punishment Step 7: The court issues a summons to inform the time and place of the trial, and the court entrusts the Judicial Bureau to conduct a social investigation and report it to the Judicial Bureau.
8. Drunk driving punishment Step 8: The Judicial Bureau is authorized by the local judicial office to conduct an investigation, which takes two days.
9. Drunk driving punishment Step 9: The judicial office submits an investigation report to the judicial bureau, and then the legal department submits a proposal to the court, and the court decides the sentence according to these investigations. It takes about three to four days.
10, the tenth step of drunk driving punishment: the court pronounced a sentence.
1 1, the eleventh step of drunk driving punishment: take the judgment, find the traffic police team to handle the case, cancel it at the police station, get bail pending trial, then keep the deposit ticket and return the deposit to the municipal bureau.
12, drunk driving punishment Step 12: serving a sentence. The whole event was delivered.
The main reason is the discovery of criminals, and China's traffic management departments immediately take corresponding control measures. The case was handed over to the procuratorate for investigation and transfer, and finally entered the court judgment stage, and the criminal suspect in this case was sentenced according to the corresponding sentence. I also hope everyone can drive safely.
It's best not to take the summary procedure for drunk driving. 4 summary procedure of drunk driving court session
The people's court may apply summary procedure to the following cases, which shall be tried by a judge alone:
(1) In a public prosecution case that may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a single fine according to law, the facts are clear and the evidence is sufficient, and the people's procuratorate suggests or agrees to apply the summary procedure;
(2) Cases handled only after being informed;
(3) Minor criminal cases prosecuted by the victim with evidence.
If a case of public prosecution is tried by summary procedure, the people's procuratorate may not send personnel to appear in court. The defendant may state and defend the crimes charged in the indictment. If the people's procuratorate sends personnel to appear in court, the defendant and his defenders may argue with the public prosecutor with the permission of the judges.
A case of private prosecution is tried by summary procedure. After the indictment is read out, the defendant and his defender may argue with the private prosecutor and his agent ad litem with the permission of the judge.
The application of summary procedure to the trial of cases is not restricted by the provisions of the first section of this chapter on interrogation of defendants, questioning of witnesses, expert witnesses, presentation of evidence and court debate procedures. However, before sentencing, the defendant's final statement should be heard.
The people's court shall conclude a case that is tried by summary procedure within 20 days after accepting it.
The following seven situations are not applicable to criminal summary procedure:
The defendant is blind, deaf and dumb;
The defendant is a mental patient who has not completely lost the ability to identify or control behavior;
Having a significant social impact;
* * * Some defendants in the same criminal case plead not guilty or have objections to the application of summary procedure;
Defenders plead not guilty;
The defendant pleaded guilty, which may not constitute a crime after examination;
Other circumstances in which summary procedure is not applicable.
If a case is tried by summary procedure, in any of the following circumstances, ordinary procedure shall be applied:
(a) the defendant's behavior may not constitute a crime;
(2) The defendant may not bear criminal responsibility;
(3) The defendant denied the criminal facts alleged in the indictment in court;
(4) The facts of the case are unclear and the evidence is insufficient;
(5) Other circumstances in which summary procedure should not or should not be applied.
For cases transferred to ordinary procedures, the trial period shall be counted from the date when it is decided to transfer to ordinary procedures.