Increase the discretionary rights of the public security department, drunk driving is not one-size-fits-all!
Old rules: driving a motor vehicle while intoxicated, having your driver's license revoked, not being able to re-obtain your driver's license for 5 years, and being sentenced to criminal detention and a fine after a judgment;
New Regulations: The public security organs may decide whether to file a case at their discretion based on the circumstances and the degree of harm.
Article 4 of the New Regulations
"Don't drink and drive, don't drink while driving" has become a social consensus, which is the result of the victory achieved after the conviction of drunk driving in 2011. "80mg/100ml" is an insurmountable chasm and is intimidating! However, the times are advancing, and blindly staring at the "80mg/100ml" mechanical law enforcement not only crowds out a large amount of judicial resources, but also leads to a low threshold for crime.
Since 2019, the crime of dangerous driving has surpassed theft to become the "number one crime" in China for four consecutive years. It is true that there are many people who are not so "bad" who go to prison and implicate future generations.
The new rules will come into force on December 28, 2023, and the police have the discretion to do so in accordance with Article 12 of the new regulations. In layman's terms, even if the alcohol content exceeds "80mg/100ml," it can still be "discussed"! If the circumstances of drunk driving are minor, they can not be prosecuted or convicted and exempted from punishment.
Drunk driving is no longer one-size-fits-all, is it a loosening of control, or is it the progress of the legal system?
"If the drunk driving is slight, you can not be prosecuted", many netizens also expressed their concerns!
1. The consequences of drunk driving can be "discussed", that is, drunk driving will be connived at, and I am worried about the increase in drunk driving!
2. The public security department may exercise discretion and worry about favoritism.
In fact, there is no need to worry about it, although it is possible not to prosecute in accordance with the law, but administrative punishment is essential, detention, fines, and revocation of driver's licenses, and drunk drivers can still tremble. Repeating the code does not necessarily reduce crime, it can be counterproductive!
This is the same reason as the extrajudicial madman Luo Xiang's exposition that "the death penalty cannot be imposed on all QJ crimes", and it is a truth that there should be leeway, not to give the perpetrator, but to give the victim a chance to survive"
In reality, some people take risks in order to evade the investigation and punishment of drunk driving, and as a result, they cause even greater accidents.
There are those who send their relatives who need emergency treatment to the hospital, but they are imprisoned for drinking.
There are substitute drivers who use the rules to blackmail, deliberately fail to drive in a position, and take pictures to blackmail when they move the car while drinking.
With the implementation of the new rules, these cases will no longer exist. Therefore, this "drunk driving can not be prosecuted if the circumstances are minor" is definitely a progress in the legal system!
As for the possible favoritism of law enforcers, there is no need to worry, there are still various ways to complain and report. We have to believe in the state, in our law enforcement officers.
Practice is the only criterion for testing the truth, why don't we see how the reality works?