What are the problems with drunk driving in detention centers?

1. What are the problems with the fast-track program for drunk driving in detention centers? The goal of the reform of criminal summary procedure is to optimize judicial resources and improve the quality and efficiency of case trial. Article 2 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "In order to accurately and timely identify criminal facts, correctly apply laws, punish criminals and protect innocent people from criminal investigation". Therefore, it is equally important to ensure that criminal suspects and defendants fully exercise their litigation rights, and defense lawyers play a very important role in protecting the legitimate rights and interests of criminal suspects and defendants from infringement. Judging from the pilot situation, most of the criminal suspects and defendants did not hire lawyers to defend them in the criminal cases of the pilot expedited procedure. In these decisions, measures and notices, the public security organs, the people's procuratorates and the people's courts promptly conveyed to the legal aid agencies the question of the suspects and defendants hiring lawyers to defend them, although the suspects and defendants who did not hire defenders all applied for legal aid. Legal aid institutions should also deal with it in time and assign legal aid lawyers to defend it. However, there are still four problems in the issue of criminal suspects and defendants hiring defenders or applying for legal aid lawyers to defend them: First, the time for handling criminal cases in the expedited procedure is short, and there is no time to hire lawyers. According to the "Measures", the time for the investigation organ to handle the case is: the investigation should be completed within ten days after the case is filed; The time for the people's procuratorate to handle a case is: generally, it should make a decision on whether to initiate a public prosecution within eight working days after accepting the case, put forward written suggestions on the application of the criminal expedited procedure, and fully listen to the opinions of the criminal suspect, the victim and their legal representatives; The time for the people's court to handle a case is: generally, it should be concluded within seven working days after accepting it. Although Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) clearly stipulates: "A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. " It also clearly stipulates that the investigation organ, the people's procuratorate and the people's court have the obligation to inform and convey. However, many criminal suspects and defendants, because they don't know the law, or when they exercise the state procuratorial power for the first time in front of the case handlers of public security organs and procuratorial organs, especially during the interrogation process, generally bear the great psychological and physical pressure brought by public power, and have no time to consider whether to hire a defender or apply for legal aid. In order to protect their legitimate rights and interests, due to the short time stipulated in the Measures, this stage has passed and has entered the next stage of litigation, so defenders cannot be hired at this stage. There are also some criminal suspects and defendants who have not hired defenders because of financial difficulties or other reasons. Second, you can't apply for a legal aid lawyer if you don't meet the conditions for legal aid. Article 34 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them. If the criminal suspect or defendant is a mental patient who is blind, deaf or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him. If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him. " However, according to the scope stipulated in the Measures, the cases in the pilot of criminal speedy adjudication do not meet the conditions of legal aid, except for economic difficulties. As a result, many criminal suspects and defendants did not get the help of defenders for various reasons, safeguarded their legitimate litigation rights and lost their right to defense. Third, legal aid agencies have complicated procedures. According to the Regulations of the People's Republic of China on Legal Aid and the specific provisions on the implementation of legal aid in various provinces and cities, the procedures of legal aid institutions are more complicated. Even if a criminal suspect or defendant who has not entrusted a defender applies for legal aid from a legal aid institution due to financial difficulties or other reasons, he/she must submit a series of supporting documents, such as proof of financial difficulties or proof of low income from relevant departments, especially if the criminal suspect or defendant and his/her close relatives are registered in other places. When they submit these documents to the legal aid institution from their domicile according to the requirements of relevant regulations, the litigation time at this stage has passed, and they have entered the next stage of litigation, thus losing this stage. Fourth, it is not excluded that a small number of case handlers, in order to pursue litigation efficiency, pay attention to one thing and lose another, and weaken the procedural rights of the parties. Criminal cases begin from the investigation stage, and investigators bear the important responsibility of investigating evidence and finding criminal suspects. It is also the basis for finding out the case and making a fair judgment at the prosecution stage and the trial stage. The task at this stage is arduous and arduous, and it also consumes the most judicial resources. For the sake of completing the task and improving the efficiency of handling cases, a few investigators may be eager to close the case, extort confessions by torture, or force innocent people to compromise by threats, temptations, deception and other means, which seriously violates the basic criminal principle of "no forced self-incrimination". Without lawyers, these rights may be violated. The core of this pilot reform of criminal speedy adjudication procedure is the trial procedure, which mainly regulates how the public prosecution organ carries out the examination and prosecution work, reaches an agreement with the criminal suspect to plead guilty and sentence, and promptly files a public prosecution with the people's court; How can judicial organs simplify trial activities, that is, simplify cases that are tried by summary procedure in trial procedures, improve litigation efficiency and reduce litigation costs? However, the litigation rights and interests of criminal suspects and defendants must also be guaranteed. In order to safeguard the legitimate litigation rights and interests of criminal suspects and defendants, the participation of defense lawyers is essential. At present, there are more simple and minor criminal cases in China, and the number of lawyers is relatively small. Therefore, it is difficult for our country to blindly implement the compulsory defense system. How to solve this problem, criminal summary case is a simple and minor criminal case, which is the key in the investigation stage, undertakes the heavy responsibility of investigating evidence and finding criminal suspects, and is the basis for finding out the case and making a fair judgment in the review, prosecution and trial stage. This stage is also the link that consumes the most judicial resources. In order to complete the task and speed up the progress of handling cases, the case handlers may exert undue influence on the criminal suspects, and the criminal suspects themselves are unable to resist, which may infringe on the legitimate litigation rights and interests of the criminal suspects. One of the prerequisites for the legitimacy and legality of the application of criminal summary procedure is that criminal suspects and defendants voluntarily plead guilty and admit punishment, and voluntarily choose to accept this procedure to try their own cases. The pilot program also takes this issue into account. The "Measures" stipulate the establishment of a legal aid lawyer system for legal aid institutions in courts and detention centers, and the notice of the Ministry of Justice has detailed provisions on this. However, there are also many problems in practice (as mentioned above), which makes the system play a certain role in ensuring the voluntary choice of criminal suspects and defendants. In the "Measures", the procuratorial organs reached a sentencing agreement through consultation with criminal suspects during the examination and prosecution stage, and omitted the court investigation and court debate during the trial stage. Although the efficiency of handling cases has been improved, it does not rule out the risk of unjust, false and wrong cases due to the reasons of the case handlers, criminal suspects and defendants themselves.