In order that " the wine is driven " Person if you can't absolve quilt, chase and blame
It is reported ' Reporter and king plant money) " the wine is driven " New rule implement over the past 6 days, some " wine is driven " Person punish severely,traffic police then how department determine the nature from " drive wine " ? How is it fair and just in enforcing the law operation to guarantee? " drunk one enters punishment " And then there is behavior of hindering enforcing the law? On the question that these citizens cared about, yesterday, reporters interviewed the relevant person of detachment of traffic police of the city. It is strict for evidence to gather" characterize as behind the criminal criminal offence, have undoubtedly put forward higher requirement to the evidence. " The intersection of detachment and the intersection of legal system and Ke, section chief of department, traffic police of city, say equally, at present, the traffic police is investigating and prosecuting " the wine is being driven " When, it is way that consult, find the alcohol content through the alcohol tester, and inquire whether the party has objections generally. If there are objections, examine the alcohol content by drawing blood and having a blood test, then carry on administrative penalty. " drunk one enters crime " Later, measure the intersection of alcohol and content with the intersection of alcohol and tester first, such as reach " drunk to drive " The standard, it is without demur no matter have, will send to hospital and draw blood and examine and collect the evidence to the greatest extent. He introduces, gathers two blood specimens while gathering the blood specimen, packs into the paper quality pocket and seals respectively, a part is put on record, inspect a part by ready samples. " drunk one " Person not about blood it is without demur,it is investigate to transfer by department, traffic police of public security organ, to; Have the objection to test the conclusion to the blood, appraise again. Inaccurate " The wine is driven " Exoneration To that " the wine is driven " Punish and aggravate, a lot of masses are anxious and can be implemented strictly, how to avoid " Favor " ,etc. situation? Say city traffic police detachment relevant person in charge,they until it is dangerous that if you can't drive by criminal case and administrative detention the legal system of case, check whether there aren't, guarantee case fact clearing, evidence is conclusive, the procedure is legal, legal the document norm is complete. To violate regulation investigate and prosecute, place on file or cancel case, downgrade, deal with and interference enforce the law handle a case the intersection of person who work and activities against law and discipline, will investigate the responsibility about police and leader. He introduces, the regional traffic police is investigating and prosecuting " the wine is being driven " When, forbidden in order that " the wine is driven " Person absolve,miss any drink people that be driven mean not to add to masses' life is dangerous one fensing. " drunk one " Person if you can't can apply for by recognizance he, say is it dangerous drive by crime like basically handling the procedure in general criminal case. The alcohol content of party's blood reaches or exceeds drunk driving standardly, traffic police's department should make " apply and place the report on file ", submit to the person in charge of public security organ above county level and sanction, with suspected of being involved in dangerous to drive the crime to put on file for investigation and prosecution, and make " place the decision book on file ". To the suspect suspected of being involved in drunk driving, the compulsory measure that the public security organ can take and arrest spreading, recognize, monitor and live and detain. To the drunk driving suspect who is already put on file for investigation and prosecution, the one that accord with legal condition can recognize. Main feeling that recognize crime and punishment relatively light in punishment, adopt recognizance is unlikely to take place society to be dangerous. To the person who is detained, but need arresting but the evidence is not still qualified to arrest; Should arrest but suffer from serious disease; Should arrest but be pregnant or nurse one's own baby's; Can't wind up the case during investigating and detaining, examining and resort to legal proceedings by the suspect detaining, need continuing investigating or examining and prosecuting; Hold valid passport and valid exit and entry certificates, may escape investigating, but does not need to arrest, also can adopt the recognizance. The detachment political place director Zhuang JinShan, traffic police of city, says to attack and hinder enforcing the law sternly, " the wine is driven " After the new rule is implemented, with punishing the increasing of the severe intensity, the situation that the driver escapes checking, hindrance and enforces the law may increase. As to this, traffic police's department will set up and protect equipping when on duty, to washing and imprisoning, hindering the driver who enforces the law from attacking sternly by force, deal with according to interfering with public function in accordance with the rule in accordance with the law. He introduces, they will be further thinning to investigate and prosecute the operational procedure driven after drinking, implement traffic policeman's outfit and use equipped in safe protection of enforcing the law of the road on duty, it clicks and injures police's case to prevent the vehicle and intrude into the card on duty. " innocent defence " The space, quite while going to court specifically, Ke thinks equally, " it is driven into punishment that drunk " There is certain advantage for prosecutor in collecting evidence in case, so long as control the video, evidences such as recording and alcohol content test report,etc. of enforcing the law, can basically prove the crime fact. If these evidences are abundant, lawyers have not done the innocent space that will plead on quite. He reminds, " it is driven into punishment that drunk " Mean drunk driving is a kind of crime, even not caused the danger consequence, also must bear criminal liability, the only individual will leave the crime record. Author: The king plants gold
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