It is alleged that the man spent 500,000 yuan to settle the death of a 160-kilometer drag race, and when chatting with netizens online, he actually unrepented and "showed off", saying that his driver's license had not been detained.
On January 25, a reporter from Huashang Daily Gale News learned from the Yingdong District Procuratorate in Fuyang, Anhui Province that the procuratorate is currently investigating the "non-prosecution decision" circulated on the Internet. ”
>>>群聊内容Exposure Light
The person who was killed after driving 160 kilometers was fully responsible, and the perpetrator claimed to have paid 500,000 yuan
On January 24, the chat records of the online group chat showed that the online name "Enthusiastic Citizen" boasted that he was racing for 160 kilometers and killed someone and spent 500,000 yuan to settle, but his driver's license was not deducted.
Judging from the chat records, this "enthusiastic citizen" was driving a small car when he was in a car accident.
Faced with netizens "Have you done any of them?" This "enthusiastic citizen" not only replied: "Yes, or full responsibility, 160 yards (kilometers), the other party's corpses are not complete." And posted a video of the scene.
Some netizens were curious about how his car was driven? This "enthusiastic citizen" said: "500,000 yuan was spent, who is not confused, the driver's license has not been revoked, and the other party has blackmailed me for 500,000 yuan." ”
Some online chatters are dismissive of "enthusiastic citizens"——
"To be honest, you are fully responsible, how can you say such a thing so easily?"
"Listening to his tone, he doesn't take his life seriously at all. ”
"What do you think of human life, he still thinks he is very powerful. It's done, the driver's license is still there, and the person is fine. The relationship is really hard, and you can still not have your driver's license revoked. ”
"It's a bit moral, you might be ruining a family. I think it's scary to say this, it's a family. This person is also wonderful, this kind of thing is said everywhere, and the information is sent. ”
>>> "non-prosecution" on the Internet
The car hit the electric tricycle and caused death, and the perpetrator pleaded guilty and accepted punishment
According to the online non-prosecution decision of the Fuyang Yingdong District Procuratorate [2023] No. 162, the non-prosecution person is less than 23 years old, is a junior Chinese, and is from Yingshang County, Anhui Province. On July 11, 2023, he was released on bail pending trial by the Comprehensive Law Enforcement Branch of the Fuyang Municipal Public Security Bureau on suspicion of the crime of causing a traffic accident, and the case was concluded by the sub-bureau, and the case was transferred to the procuratorate for prosecution on September 12, 2023 on suspicion of the crime of causing a traffic accident.
Within 3 days of accepting the case, the Yingdong District Procuratorate informed the person not being prosecuted that he had the right to retain a defender and that the victim's close relatives had the right to retain an agent ad litem, interrogated the person not being prosecuted in accordance with the law, informed the person not being prosecuted of the legal consequences that might result from admitting guilt and accepting punishment, heard the opinions of the person not being prosecuted, his lawyer, and the victim's close relatives, reviewed all case materials, and the person not being prosecuted had no objection to the facts and evidence of the alleged crime, and voluntarily pleaded guilty and accepted punishment.
The reporter noted that this non-prosecution decision shows that the prosecution reviewed and ascertained in accordance with the law that at about 22:05 on May 19, 2023, the non-prosecuted person drove an Anhui KA2 ××× car along the Fukou Road of S316 Provincial Highway in Yingdong District, Fuyang City, west to east to the south section of Fumin Commercial Street, Yanglouzi Town, and hit the electric tricycle driven by the victim Zhang Moumou, causing a traffic accident in which the other party died on the spot and the vehicle was damaged. It was determined by the six brigades directly under the traffic police detachment of the Fuyang Municipal Public Security Bureau that the person not prosecuted bore the main responsibility for the accident.
>>> traffic police detachment responded
There is no way to read the case, there is no way to disclose the facts of the case
On January 25, a reporter from Huashang Daily Gale News contacted the traffic police detachment of the Fuyang Public Security Bureau for verification.
"Which people's police handled it? The police officers from the Sixth Brigade were disbanded in July last year, and there is no Sixth Brigade left. ”
The police replied that there was no way to verify the identity on the phone, "I can't check the case with you, if you need anything, take your identity certificate, go to the traffic police team to find the policeman, and the police will answer for you, I can't reveal the case to you." ”
The reporter asked whether the driver's license must be revoked for the person killed in the car accident, and the police said: "I can't answer your question." ”
>>> the procuratorate has paid attention
"This decision was made by us based on facts and in accordance with the law"
According to the "non-prosecution decision" circulated on the Internet, on January 25, a reporter from Huashang Daily Gale News contacted the Yingdong District Procuratorate of Fuyang City, and the office staff asked the reporter where he saw the information on the online post, "You are informing us of this information, right?"
The reporter asked whether the decision not to prosecute was true, and the staff replied: "This has to be asked by the business department, we are the office, you ask us to take care of the propaganda part, right?"
The staff provided the reporter with the phone number of the Political Department, "Yesterday (24th), our Political Department seemed to have received this news, and we have also paid attention to this news." This thing was not sent by us, but this decision was made by us based on the facts and in accordance with the law, and in the end, you can contact our Political Department and find Director Zhang of the Political Department. ”
The reporter asked about the decision not to prosecute the perpetrators of the car accident in accordance with the law, and the staff said: "It is mainly based on the statement of the propaganda department of their political department, because the final result is handled by their side, and you just need to contact them." ”
The reporter asked whether he had checked with the person who was not prosecuted and whether his driver's license had not been revoked, and the staff member responded: "I have to ask the prosecutor in charge of this specifically, we are just an office, and we are not responsible for handling it." ”
>>> the Public Prosecutor's Office verifies it
"After this matter came out, now the leaders are holding a meeting to study it"
The reporter contacted the Political Department of the procuratorate, and the staff said: "Director Zhang is not here now. ”
Another staff member of the Department of Political Affairs replied: "I don't know very well, their leaders are now meeting to study this matter. ”
As for whether the non-prosecution person has been contacted for verification, the staff member said that he is not responsible for handling it, and the procuratorate is currently verifying the relevant situation. ”
Regarding the online rumor that the perpetrator of the car accident had a relationship and was not prosecuted, the staff member made it clear: "This should be impossible." I also read the link they sent, and I didn't say anything about him at all. ”
The staff member then said: "I am not a staff member, and now the leader is studying this matter, I just saw the link, and I am not very clear about the specific matter." If I know, I'll tell you, because we are not a business department, we are an administrative department, and we have no right to intervene in the specific handling of cases. ”
The staff member told reporters, "After this matter came out, the leader is now holding a meeting to study this matter, and now the leader is not in the office, so I can't give you a specific explanation." ”
>>> public interest lawyer's statement
The prosecution did not prosecute and did not pursue criminal responsibility, and the driver's license was not revoked
Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public interest lawyer, pointed out in an interview that the prosecution can not prosecute if he commits the crime of causing a traffic accident.
In this case, the man was responsible for the accident and was convicted of a traffic accident by racing for 160 yards, and was sentenced to fixed-term imprisonment of not more than three years or criminal detention according to article 133 of the Criminal Law.
"However, if the man is a first-time offender or an occasional offender, can truthfully confess the facts of the case, and actively compensates the victim's family for their losses, and obtains the victim's family's forgiveness, it is not necessary to prosecute. ”
Article 37 of the Criminal Law stipulates that where the circumstances of the crime are minor and no criminal punishment is required, criminal punishment may be waived, but according to the different circumstances of the case, a reprimand or order a statement of repentance, a formal apology, or compensation for losses, or an administrative punishment or administrative sanction may be imposed by the competent department.
In addition, according to the second paragraph of article 177 of the Criminal Procedure Law, the procuratorate may make a decision not to prosecute if the circumstances of the crime are minor and it is not necessary to impose a criminal penalty or waive the criminal penalty in accordance with the provisions of the Criminal Law. Therefore, in this case, the prosecution decided not to prosecute the man.
Zhao Liangshan stressed that the first paragraph of Article 101 of the Road Traffic Safety Law stipulates that criminal responsibility shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license. In other words, if you are held criminally responsible, your driver's license will be revoked. In this case, if the prosecution made a decision not to prosecute, the man would not be held criminally responsible, so his driver's license was not revoked. ”
Lawyer: Not bearing criminal responsibility, not without responsibility!
The author of the headline number "Anlu said" @安律说法对此进行了分析.
The incident caused heated discussions for a while, and many netizens reprimanded the man for being inhumane!
There are also many netizens who asked why it soared to 160, and they also killed people, but it was fine, and they suspected that there was a cat in the middle.
So how should this matter be viewed from a legal point of view?
1. What is the crime of a man who crashed into and killed 1 person?
If a man is driving a car that endangers public safety, and if the circumstances are serious, he may be dealt with as the crime of dangerous driving, sentenced to criminal detention, and fined.
And the man died because of drag racing, resulting in one death. According to Article 133 of the Criminal Law and the Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents, a person who violates traffic and transportation management regulations, resulting in the death of one or more people, and bears full or primary responsibility for the accident, shall be guilty of the crime of causing a traffic accident and shall be sentenced to fixed-term imprisonment of not more than three years, and the man shall also be guilty of causing a traffic accident.
However, because there is an implication relationship between the crime of dangerous driving and the crime of causing a traffic accident, and the crime of dangerous driving is constituted at the same time, it will only be handled as the crime of causing a traffic accident with a heavier punishment.
2. Why was the man not sentenced for a crime?
Article 288 of the Criminal Procedure Law stipulates that in cases of suspected crimes provided for in Chapters 4 and 5 of the Specific Provisions of the Criminal Law arising from civil disputes, a sentence of up to three years imprisonment may be imposed;
Where a criminal suspect, defendant, and victim in a criminal case reach a settlement agreement, punishment may be waived if the circumstances of the crime are minor and no criminal punishment is required. If it is necessary to pursue criminal responsibility, the punishment may be commuted as appropriate.
Specifically, in this case, the man did constitute the crime of causing a traffic accident, and because he had already reached a settlement with the victim's family, if he had other mitigating or mitigating circumstances such as himself, confession, admitting guilt and accepting punishment, first offense, and occasional offense, it was indeed possible to be exempted from liability.
3. If you do not bear criminal responsibility, should your driver's license be revoked?
Article 37 of the Criminal Law stipulates that where the circumstances of the crime are minor and no criminal punishment is required, criminal punishment may be waived, but according to the different circumstances of the case, a reprimand or order a statement of repentance, a formal apology, or compensation for losses, or an administrative punishment or administrative sanction may be imposed by the competent department.
It can be seen that not bearing criminal responsibility does not mean that there is no responsibility. The perpetrator may still be given an administrative punishment based on the specific circumstances.
On the one hand, Article 99, Paragraph 4 of the Road Traffic Safety Law stipulates that if a motor vehicle exceeds the prescribed speed by 50% per hour, the traffic management department of the public security organ shall impose a fine of 200-200 yuan, and the motor vehicle driver's license may be revoked concurrently.
Provincial roads are different from highways, the speed limit is generally not more than 80 kilometers per hour, and the men's drag racing of 160 kilometers has obviously exceeded 50%, and their driver's licenses can be revoked.
On the other hand, Article 101 of the Road Traffic Safety Law violates the provisions of road traffic safety laws and regulations, and if a major traffic accident occurs, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driving license.
It should be noted that if a crime is constituted in this article, criminal responsibility shall be investigated in accordance with the law," and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.
In other words, the punishment for criminal liability and the revocation of the driver's license are parallel, because the circumstances are minor and the man can be exempted from criminal responsibility, but even if the man is not prosecuted, the man's driver's license should still be revoked.
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(Zero Degree Times Review Comprehensive Gale News, Headline Author @安律法)