The following is the full content of this regulation:
Chapter I General Provisions
first
In order to standardize the handling of injury cases by public security organs, correctly apply the law, and ensure that cases are handled legally, fairly and promptly, these Provisions are formulated in accordance with the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC).
Article 2 The term "injury cases" as mentioned in these Provisions refers to cases that hurt others' bodies and should be handled by public security organs according to law.
Article 3 When handling injury cases, public security organs shall follow the principles of rapid investigation and evidence collection, timely measures, standardized and accurate identification, and strict handling according to law.
Chapter II Jurisdiction
Article 4 Cases of injuries below minor injuries shall be under the jurisdiction of the police station.
Article 5 Cases of serious injury or death from injury shall be under the jurisdiction of the criminal investigation department of the public security organ.
Sixth injury is unknown, it is difficult to determine the jurisdiction, by the first department to accept the first treatment. After the injury identification, it shall be handed over to the competent department for handling according to the provisions of Article 4 and Article 5.
Article 7 Where there is a dispute over jurisdiction, the public security organ at a higher level shall designate jurisdiction.
Article 8
In the case of intentional injury (minor injury) proved by the victim, the case-handling personnel shall inform the victim that he can bring a lawsuit directly to the people's court. If the victim requests the public security organ to handle it, the public security organ shall accept it.
Article 9 If a case of intentional injury (minor injury) directly accepted by the people's court is transferred to the public security organ for investigation due to insufficient evidence, the public security organ shall accept it.
Chapter III Pretreatment
Article 10 After receiving the alarm of an injury case, the police receiving department shall immediately organize the police to rush to the scene according to the situation of the case.
Eleventh of the ongoing injury cases, the police should do the following after arriving at the scene in advance:
(a) Stop hurting;
(2) Organizing the treatment of the wounded;
(3) Take measures to control suspects;
(four) timely registration of the names, units, addresses and contact information of the personnel present, asking the parties and visiting witnesses;
(5) Protecting the site;
(6) Collecting and fixing evidence.
Twelfth of the injury cases that have occurred, the police who arrived at the scene in advance should do the following:
(1) Organizing the treatment of the wounded;
(two) to understand the case and injury;
(three) timely registration of the names, units, addresses and contact information of the personnel present, asking the parties and visiting witnesses;
(4) tracking down criminal suspects;
(5) Protecting the site;
(6) Collecting and fixing evidence.
Chapter IV Inspection and Inspection
Thirteenth public security organs to handle injury cases, on-site inspection and inspection conditions, it should be timely inspection and inspection.
Article 14
The task of on-site inspection of injury cases is to find, fix and extract traces, physical evidence and other information related to injury behavior, determine the injury state, analyze the injury process, and provide clues and evidence for the investigation of injury cases.
The case-handling unit shall properly keep the traces, physical evidence and injury-causing tools extracted.
Fifteenth public security organs shall not be less than two people when conducting an inquest or inspection on the scene of an injury case.
When conducting an inquest or inspection of the site, one or two citizens irrelevant to the case shall be invited to testify.
Article 16 When conducting an inquest or inspection on the scene of an injury case, a record of the inquest or inspection shall be made, a scene map shall be drawn, the scene situation and the injury of the injured person shall be photographed, and the above materials shall be bound into a book.
Chapter V Evaluation
Article 17 When handling an injury case, the public security organ shall examine and identify the degree, traces, physical evidence and injury-causing tools as evidence.
Article 18 After accepting a case of injury, the public security organ shall issue a power of attorney for injury identification within 24 hours, and inform the victim to go to a designated appraisal institution for injury identification.
Article 19
According to the personal injury appraisal standards promulgated by the relevant state departments, the victim's injury at that time and the hospital diagnosis certificate, if the conditions for immediate injury appraisal are met, the appraisal institution of the public security organ shall, when entrusted, put forward appraisal opinions within 24 hours and issue appraisal documents within 3 days.
If the injury is complex and does not have the conditions for immediate appraisal, it shall put forward appraisal opinions and issue appraisal documents within 7 days from the date of entrustment.
If it affects the function of tissues and organs or the injury is complicated and difficult to identify for a while, it shall timely put forward the appraisal opinions and issue the appraisal documents after the injury is stable.
Twentieth personal injury appraisal shall be conducted by two or more appraisers of the appraisal institutions of public security organs at or above the county level.
It is difficult to identify the injury, which may be controversial or have clear requirements for the entrusting party. Injury identification shall be carried out by three or more chief forensic doctors or four or more forensic doctors.
If it is necessary to employ other personnel with specialized knowledge for appraisal, it shall be approved by the person in charge of the public security organ at or above the county level, and an "Invitation for Appraisal" shall be made and served on the hired person.
Twenty-first personal injury appraisal opinions are controversial and need to be re-appraised, in accordance with the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC).
Article 22
The format and content of personal injury identification documents should meet the requirements of the specification. The identification document shall include bareheaded photos of the victim's face and detailed photos of all the injured parts that the human body needs to identify. For the expert opinions used as evidence, the case-handling unit of the public security organ shall make a notice of expert opinions and serve it on the victims and criminal suspects.
Chapter VI Investigation and Evidence Collection
Article 23 When interrogating a victim, the time, place, cause, process, tools, methods, location, injury and the situation of the criminal suspect should be mainly inquired.
Twenty-fourth when asking the perpetrator of the injury, we should focus on the time, place, cause, process, tools, methods and parts of the injury.
If more than one person participates, it shall also ask the participants, the weapon they hold, the location, the order of the injury behavior, the tools, methods, parts and premeditated situation of the injury.
Article 25
When interrogating a witness, we should focus on the time, place and course of the injury, the number of both sides and their respective positions, the weapons held, the order of the injury, the tools, methods, parts, clothes and physical characteristics of the injury, the location of the witness and the relationship between the witness and both sides.
Twenty-sixth when questioning other witnesses, they should ask what they have seen and heard about the injury.
Twenty-seventh trial of injury cases, should focus on collecting the following physical evidence and documentary evidence:
(a) murder weapon, bloody clothes and other items that can prove the injury;
(2) related hospital diagnosis and medical records;
(3) Other evidence related to the case.
The case-handling unit shall implement the responsibility of evidence custody to the people, improve the evidence custody system, establish an evidence custody room, and properly keep the evidence to avoid damage, pollution, loss or degaussing of the evidence due to improper custody, which will affect criminal proceedings and case handling.
Chapter VII Handling of Cases
Article 28 If the injury to the victim constitutes minor injury, serious injury or death, and it is necessary to investigate the criminal responsibility of the criminal suspect, it shall be handled in accordance with the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC).
Article 29
According to Article 13 of the Criminal Law of People's Republic of China (PRC) and Item 1 of Article 15 of the Criminal Procedure Law of People's Republic of China (PRC), those who intentionally hurt others and cause minor injuries, if the circumstances are obviously minor and the harm is not great, are not considered as crimes. If the victim's injury does not reach minor injuries, they shall be given administrative penalties for public security according to law.
Article 30
If the act of beating another person or intentionally hurting his body caused by a civil dispute is not serious enough for criminal punishment, the public security organ may mediate according to law with the consent of both parties:
(a) disputes between relatives, friends, neighbors or colleagues due to trivial matters, and both parties are at fault;
(two) minors, school students beat others or intentionally hurt others;
(3) The actor's tort is caused by the wrong behavior of the victim;
(four) other mediation methods that are easier to resolve contradictions.
Thirty-first any of the following circumstances, no mediation:
(1) Hiring a murderer to harm others;
(2) Involving underworld organizations;
(3) stirring up trouble;
(4) gathering people to fight;
(5) recidivism;
(6) repeatedly hurting others' bodies;
(seven) other unsuitable for mediation.
Thirty-second injury cases handled by public security organs shall be conducted in public, except for the following circumstances:
(a) involving personal privacy;
(2) The perpetrator is a minor;
(3) Both the perpetrator and the victim require private mediation.
Thirty-third public security organs should follow the principles of legality, fairness, voluntariness and timeliness, pay attention to education and persuasion, and resolve conflicts.
Article 34 If there are minors among the parties, the parents or other guardians of the minors shall be present at the mediation.
Thirty-fifth mediation of injury cases caused by neighborhood disputes, you can invite local residents' committees, villagers' committees or people familiar with both sides to participate.
Article 36
Mediation is once in principle, and can be added once if necessary. For public security cases that obviously do not constitute minor injuries and do not need injury identification, mediation shall be completed within 3 working days after acceptance; For public security cases requiring injury identification, mediation shall be completed within 3 working days after the injury identification document is issued.
If mediation fails once and needs to be conducted again, the second mediation shall be completed within 7 working days after the first mediation.
Article 37 Mediation must go through the following procedures:
(a) By mutual consent;
(2) Making a conciliation statement under the auspices of the public security organ.
Article 38
When conducting mediation, a mediation record shall be made. If a mediation agreement is reached, a mediation agreement shall be made. The mediation document shall be signed and sealed by the mediation organ, the mediation host, both parties and other participants. The conciliation statement is made in triplicate, one for each party and one for the mediation organ.
Article 39
If the parties reach an agreement through mediation and perform it, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration according to law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.
Chapter VIII Documents
Article 40 When handling injury cases, public security organs should form a complete file in strict accordance with the requirements for handling criminal cases or public security cases.
The case file materials shall include evidence materials such as acceptance of filing documents, interrogation transcripts, photos of the scene and injuries, inspection and appraisal conclusions, examination and approval procedures and handling opinions.
Forty-first files should be neat and standardized, and the handwriting should be neat.
Article 42 If a criminal suspect is investigated for criminal responsibility, the investigation volume (Grade I volume) shall be handed over to the procuratorial organ, and the investigation work volume (Grade II volume) shall be kept by the public security organ.
The contents of the investigation volume (positive volume) shall include legal documents such as filing decision, site photos and maps, site investigation transcripts, compulsory measures and investigation measures decisions, notices, notices, all kinds of evidence materials, and prosecution opinions.
The investigation work volume (volume) shall include all kinds of petition reports, approval forms, investigation and investigation plans, case analysis opinions, draft prosecution opinions and other documents and materials.
Forty-third cases of work-related injuries are not closed, and the files are kept by the case-handling unit.
Forty-fourth cases of injury handled by public security management punishment or mediation shall be handed over to the archives department for safekeeping after the case is closed.
Chapter IX Accountability
Article 45
In violation of the provisions, resulting in the case is difficult to conclude, infringing on the legitimate rights and interests of the parties, in accordance with the "public security organs, the people's police law enforcement fault accountability provisions" shall be investigated for law enforcement fault responsibility of case handlers and competent leaders.
Chapter X Supplementary Provisions
Article 46 The above and below mentioned in these Provisions include this number.
Article 47 These Provisions shall come into force as of February 6, 2006.
Are the procedural provisions of public security organs for handling intentional injury cases still valid? Procedural Provisions of Public Security Organs for Handling Criminal Cases Article 120 The public security organs may detain a flagrante delicto or a major suspect in any of the following circumstances: (1) Those who are preparing to commit a crime, commit a crime or are found immediately after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) criminal evidence is found around him or at his residence; (four) attempted suicide, escape or escape after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (six) do not speak the real name and address, the identity is unknown; (7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association. In case of detention in a different place, the criminal suspect shall be sent to the detention center for custody within 24 hours after arriving at the jurisdiction. Article 123 The detention notice shall be notified to the family members of the detained person within 24 hours after the detention, except that the failure to notify or notify the crime suspected of endangering national security or terrorist activities may hinder the investigation. The notice of detention shall specify the reason and place of detention. The provisions of the second paragraph of Article 109 of these Provisions shall apply to the case of "failure to notify" as stipulated in this Article. Under any of the following circumstances, it belongs to the "obstruction of investigation" as stipulated in this article: (1) it may destroy or falsify evidence, interfere with witness testimony or collusion; (2) It may cause accomplices to evade or obstruct the investigation; (3) The criminal suspect's family members participate in the crime. After the circumstances that cannot be notified or hinder the investigation disappear, the family members of the detained person shall be notified immediately. If the family members are not notified within 24 hours, the reasons shall be indicated in the detention notice.
Should minor injury cases handled by public security organs be appraised by public security organs? For criminal injury cases, the public security organs have their own appraisal institutions. No external designation or delegation is required. Of course, now some places have all been handed over to judicial expertise institutions. Other appraisals are generally handed over to social judicial appraisal institutions. In addition, if one party refuses to accept the conclusion of injury appraisal, it may request re-appraisal.
Are some provisions of the public security organs dealing with financial fraud, corruption and bribery cases and other economic crimes effective ... Economic crimes are handled by the Economic Investigation Detachment of the Public Security Bureau.
Are the procedural provisions of public security organs for handling criminal cases of drunk driving motor vehicles effective now? There are no documents stipulated by the public security organs for handling criminal cases of drunk driving motor vehicles. The Ministry of Public Security's Guiding Opinions on Handling Criminal Cases of Drunk Driving Motor Vehicles (No.1 1) and the notice issued by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security (No.Fa Fa Fa [20 13] 15) are still valid.
Ministry of Public Security
Guiding opinions of public security organs on handling crimes of drunk driving motor vehicles
Bus tube (20 1 1) 190 No.
Public security departments and bureaus of all provinces, autonomous regions and municipalities directly under the Central Government, and Public Security Bureau of Xinjiang Production and Construction Corps:
20 1 1 Since the implementation of the Criminal Law Amendment (VIII) in May of 1, local public security organs have investigated and dealt with a number of crimes of drunk driving motor vehicles according to law, and achieved good legal and social effects. In order to ensure the correct implementation of the Criminal Law Amendment (VIII) and further standardize the law enforcement activities of public security organs in handling criminal cases of drunk driving motor vehicles, according to the provisions of the Criminal Law and related amendments, the Criminal Procedure Law and the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs, we hereby put forward the following guiding opinions on handling criminal cases of drunk driving motor vehicles by public security organs:
The first is to further standardize on-site investigation.
1, strict blood sample extraction conditions. The traffic police shall strictly check the behavior of driving a motor vehicle after drinking in accordance with the "Code for Law Enforcement of Traffic Police on Road Duty". If a motor vehicle driver is found to be suspected of driving a motor vehicle after drinking, a breath alcohol test shall be conducted immediately. Suspected of drunk driving a motor vehicle, the parties have objections to the breath alcohol test results, or refuse to cooperate with breath alcohol test and other methods, as well as traffic accidents after drinking and driving a motor vehicle after drinking, blood samples should be taken immediately to test the blood alcohol content.
2. Fix the criminal evidence in time. In the process of seizing the suspect of drunk driving a motor vehicle, taking breath alcohol test and taking blood samples, on-site investigation records shall be made in time; Conditional, it should also be recorded by taking pictures or audio or video recording; If there are witnesses at the scene, the testimony of the witnesses shall be collected in time. If a party is found to be suspected of driving a motor vehicle after drinking or being drunk, the motor vehicle driver's license shall be detained according to law, and if it is necessary to be used as evidence, the motor vehicle driven by the party may be detained according to law.
3. Improve the restraint measures for sobering up. When the parties are drunk, they should first take protective restraint measures and conduct personal safety inspection. Two or more traffic policemen or 1 traffic policemen will lead two or more traffic assistants to take the parties to the restrained place to sober up and restrain them until they wake up. For the parties whose behavior is out of control, restraint belts or police ropes may be used, but police equipment such as handcuffs and shackles shall not be used. Places where sober-up is restricted shall be equipped with sober-up facilities and safety protection facilities. In the process of restraint, it is necessary to strengthen supervision, release the restraint immediately after confirming that the parties are awake, and ask questions.
4. Improve the inspection method on duty. When checking drunk driving motor vehicles on the road, the traffic police shall take effective measures, scientifically organize and divert traffic, and reasonably control the number of stopped vehicles according to the traffic flow. When the traffic volume is large, measures such as reducing the number of inspection vehicles or temporarily stopping and intercepting should be taken to ensure the safety and order of the site. When drivers are required to take breath alcohol test, they should use standard terms and operate in strict accordance with working procedures, and replace each tester with a new interface. If a party violates the test requirements, it shall have a second interview on the spot.
The second is to further standardize the time limit for handling cases.
5. Standardize blood sample extraction and inspection. The traffic police should monitor the whole process of the parties' taking blood samples to ensure that the collected evidence is legal and effective. The extracted blood samples shall be registered and repackaged on the spot, and immediately sent to the inspection and appraisal institution of the public security organ at or above the county level or other qualified inspection and appraisal institutions recognized by the public security organ for blood alcohol content inspection. If it cannot be sent for inspection immediately due to special reasons, it shall be kept at low temperature according to the specifications, and can be sent for inspection within 3 days with the approval of the person in charge of the traffic management department of the public security organ at a higher level.
6. Improve the efficiency of inspection and appraisal. It is necessary to speed up the construction of blood alcohol inspection and identification institutions and strengthen the training of inspection and identification technicians. City and county public security organs that have not yet established inspection and appraisal institutions should establish inspection and appraisal institutions with blood alcohol detection function as soon as possible and establish a 24-hour duty system. In order to effectively improve the efficiency of blood alcohol inspection and identification, the inspection and identification institution shall issue an inspection report on the blood samples submitted for inspection within 3 days. If the parties have any objection to the inspection results, they shall be informed to apply for reinspection within 3 days after receiving the inspection report.
7. Strict time limit for handling cases. It is necessary to establish a rapid investigation system for drunk driving motor vehicle cases, strengthen internal cooperation in handling cases, and strictly require the time limit for handling cases. In order to improve the efficiency of handling cases, suspects found drunk or drunk driving motor vehicles at the scene, which do not constitute a criminal case, can be verbally summoned to a designated place for investigation; Conditional, can conduct on-site investigation and inquiry of the parties; If compulsory measures are taken against criminal suspects, they shall be interrogated in time. If the facts of the case are clear and the evidence is really sufficient, the investigation shall be terminated within 7 days from the date when the criminal suspect is arrested and transferred to the people's procuratorate for examination and prosecution; Under special circumstances, with the approval of the person in charge of the county-level public security organ, the time limit for handling cases may be appropriately extended.
Third, further standardize the investigation work.
8. Strictly grasp the filing standards. If the driver's blood alcohol content reaches the standard of drunk driving a motor vehicle after inspection, he shall be investigated on suspicion of dangerous driving; Those who do not meet the standards for drunk driving motor vehicles shall be given administrative punishment in accordance with the relevant provisions of the Road Traffic Safety Law. After being seized, if the party concerned drinks alcohol before breath alcohol test or blood drawing in order to avoid legal investigation, it shall be investigated and punished if its blood alcohol content reaches the standard of drunk driving a motor vehicle. If a party reaches the standard of drunk driving a motor vehicle after breath alcohol test and escapes before taking blood samples, it shall file a case for investigation according to the breath alcohol content.
9. Collect evidence comprehensively and objectively. For cases of drunk driving motor vehicles that have been filed, criminal evidence should be collected and collected comprehensively and objectively, and strictly examined and verified. It is necessary to check and verify the basic information of vehicles and personnel and the illegal and criminal information of motor vehicle drivers in time, and record in detail the process of seizing drunk driving motor vehicles, the basic characteristics of personnel and vehicles, as well as the breath alcohol test, compulsory measures, blood collection, oral summons and fixed evidence on the spot. When interrogating a criminal suspect, we should focus on whether the suspect is guilty or not and the seriousness of the case, and listen to the plea of innocence. It is necessary to collect evidence materials such as witness testimony and audio-visual materials that can prove whether the suspect is drunk driving a motor vehicle.
10, compulsory measures apply. According to the actual situation of the case, compulsory measures such as detention, bail pending trial, residential surveillance and detention are taken. Criminal suspects suspected of drunk driving motor vehicles should be reasonably applied according to law to ensure the smooth handling of the case. If a criminal suspect attempts to commit suicide, escape or escape, or does not give his real name and address, and his identity is unknown, and it is really necessary to detain the criminal suspect, detention measures can be taken according to law. If the facts of the crime cannot be ascertained during the detention, he shall go through the formalities of obtaining bail pending trial or residential surveillance according to law. If it is found that the criminal responsibility of the criminal suspect should not be investigated or the compulsory measures expire, the compulsory measures should be lifted in time.
1 1, do a good job in handling cases. After the investigation of the case is completed, if the facts of the crime of drunk driving a motor vehicle are clear and the evidence is true and sufficient, the motor vehicle driver's license of the suspect shall be revoked according to law before the case is transferred to the people's procuratorate for examination and prosecution. Other road traffic violations that should be given administrative punishment according to law. After the case is transferred for review and prosecution, it is necessary to know the prosecution and judgment of the case in time, and file the case in time after receiving the court judgment or relevant judicial recommendation letter. If the procuratorial organ decides not to prosecute or the court decides not to be guilty, but the facts of drunk driving a motor vehicle are clear and the evidence is true and sufficient, administrative punishment shall be given according to law.
12, strengthen law enforcement management. It is necessary to further clarify the requirements for handling cases, and refine the standards and procedures for handling cases in key links such as breath alcohol test, blood sample extraction and preservation, filing and withdrawal of charges, application of compulsory measures, and seizure of goods. It is necessary to strictly implement the case review system, further standardize the scope, content and standards of case review, and review matters related to the quality of cases through legal staff and legal departments to ensure the quality of cases. It is necessary to improve the informatization level of case handling, vigorously promote online case handling, strictly implement the standards and time limits for online entry of case handling information, gradually realize online implementation of the whole process of case acceptance, filing, investigation, legal document production, legal review and approval, strengthen online monitoring and assessment, and put an end to "personal cases" and "relationship cases".
Fourth, further standardize safety protection measures.
13, equipped with law enforcement equipment. Traffic police must be equipped with breath alcohol content detector, restraint belt, warning rope, camera, camera, law enforcement recorder, reflective baton, stop sign and other equipment when checking drunk driving motor vehicles on the road. Vehicles on duty should also be equipped with first aid equipment such as fire fighting equipment and first aid kit. According to the needs, they can be equipped with simple demolition tools, car puncture devices, speedometers and other equipment.
14, improve the investigation procedure. When checking drunk driving motor vehicles on the road, the traffic police should reasonably choose a safe place that does not hinder the passage of vehicles according to the road conditions and traffic conditions. The inspection shall be carried out by two or more traffic policemen. It is necessary to ensure the personal safety of the police, clarify the inspection actions and investigation procedures of the police, and implement safety protection measures to prevent the police from being injured.
20 1 1 August1/day.
The Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security
"Notice of Printing and Distribution"
Fa Fa Fa Fa Fa [20 13]No. 15
Higher People's Courts, People's Procuratorates and Public Security Bureaus of all provinces, autonomous regions and municipalities directly under the Central Government, Military Courts and Procuratorates of the People's Liberation Army, Security Department of the General Political Department, Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region, People's Procuratorate and Public Security Bureau of Xinjiang Production and Construction Corps:
Since the implementation of the Eighth Amendment to the Criminal Law of People's Republic of China (PRC), all localities have strictly enforced the law, investigated and dealt with a number of criminal cases of drunk driving motor vehicles, and achieved good legal and social effects. In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving motor vehicles according to law, and safeguard the safety of the public and people's lives and property, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security, after in-depth investigation and study, extensively solicited opinions, formulated the Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles. Is issued to you, please earnestly organize the study and conscientiously implement. If there is any problem in the implementation, please report it to the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security in time.
20 13 years1February 18 days
Opinions on some issues concerning the application of law in handling criminal cases of drunk driving motor vehicles
In order to ensure the correct and unified implementation of the law, punish the crime of drunk driving motor vehicles according to law, and safeguard public safety and the safety of people's lives and property, this opinion is formulated in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, combined with the practice of investigation, prosecution and trial.
A, driving a motor vehicle on the road, the blood alcohol content reached more than 80 mg/100 ml, belong to drunk driving a motor vehicle, in accordance with the provisions of the first paragraph of Article 133 of the Criminal Law, convicted and punished for dangerous driving.
The "roads" and "motor vehicles" mentioned in the preceding paragraph shall be governed by the relevant provisions of the Road Traffic Safety Law.
Two, drunk driving a motor vehicle, one of the following circumstances, in accordance with the provisions of the first paragraph of Article 133rd of the Criminal Law, a heavier punishment:
(1) Causing a traffic accident, taking full or main responsibility for the accident, or causing a flight after a traffic accident, which does not constitute other crimes;
(2) The alcohol content in blood reaches 200mg/65438 000 ml;
(3) Driving on expressways and urban expressways;
(four) driving a motor vehicle to carry passengers;
(five) serious violations of the road traffic safety law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, and using forged or altered motor vehicle license plates;
(6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes;
(7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(eight) other circumstances that can be severely punished.
Three, drunk driving a motor vehicle, violence, threats to hinder the public security organs to check according to law, but also constitute a crime of obstruction of official duties and other crimes, in accordance with the provisions of combined punishment for several crimes.
Four, the defendant drunk driving a motor vehicle to impose a fine, according to the defendant's drunkenness, whether it caused actual damage, confession and repentance attitude. , to determine the amount of fines appropriate to the main punishment.
Five, the public security organs in the investigation of criminal suspects drunk driving a motor vehicle, the seizure process, breath alcohol content detection and blood collection process should be recorded; If conditions permit, photographs, audio recordings or video recordings shall be taken; If there is a witness, the testimony of the witness shall be collected.
Six, the blood alcohol content test opinion is the basis for determining whether the suspect is drunk. If a criminal suspect reaches the drunkenness standard stipulated in Article 1 of this opinion through the breath alcohol content test and escapes before blood collection, the breath alcohol content test result can be used as the basis for determining his drunkenness.
If a criminal suspect drinks alcohol before breath alcohol content test or blood drawing in order to avoid legal investigation in the inspection conducted by the public security organ according to law, and his blood alcohol content reaches the drunk standard stipulated in Article 1 of this opinion, he shall be deemed as drunk.
Seven, to handle criminal cases of drunk driving motor vehicles, we must strictly implement the relevant provisions of the Criminal Procedure Law, effectively protect the litigation rights of criminal suspects and defendants, and timely investigate, prosecute and try within the statutory time limit.
A criminal suspect or defendant who is drunk driving a motor vehicle may be detained or released on bail pending trial according to the circumstances of the case. For those who meet the conditions of obtaining a guarantor pending trial, but the criminal suspect or defendant cannot provide a guarantor or pay a deposit, they can be placed under residential surveillance. If the circumstances are serious, the criminal suspect or defendant who violates the provisions on obtaining a guarantor pending trial and residential surveillance may be arrested.
What are the provisions of Article 159 of the Regulations on Handling Administrative Cases by Public Security Organs? Article 159 Where an agreement is reached through mediation, a conciliation statement shall be made under the auspices of the public security organ, and both parties shall sign and perform the conciliation statement.
The mediation agreement shall include the name of the mediation organ, the host, the basic information of both parties and other people present, time, place, personnel, reasons, process, plot, results, contents of the agreement, time limit and method of performance, etc.
If an agreement is reached through mediation, the evidence of the case shall be kept together with other documents and the mediation agreement and included in the case file.
Whether the public security organs can handle the crime of embezzlement According to Article 270 of the Criminal Law, the crime of embezzlement refers to the act of illegally taking property, forgetting things or buried objects handed over by others for the purpose of illegal possession, and refusing to return them in a large amount. Suspected of misappropriation, only to inform. Therefore, it is a case of private prosecution and the public security organ cannot handle it. If it has been handled, the case shall be dismissed and the victim shall be informed to file a private prosecution with the people's court.
Have the procedural provisions of public security organs for handling economic cases been cancelled? The Provisions of Public Security Organs on Handling Economic Crime Cases came into force on June 1 2006, but it has not been abolished.
Whether the public security organ's traffic accident disability appraisal is valid or not is only for the reference of both parties, which is convenient for both parties to negotiate compensation matters.
However, once the litigation procedure is gone, the specialized appraisal institution will have legal effect.