Traffic accident-Hubei Chuyou Law FirmCriminal Trial Reference | It is important not to deal with major and complex cases through plea of guilt and punishment leniency
Guiding Case No. 1403
Huang Laizhu traffic accident case -- For cases involving complex factors and a large social impact, how to grasp the application of the leniency system for admitting guilt and accepting punishment
I. Basic facts of the case
Defendant Huang Mouzhu, female, was born on xx x x 1969. Arrested on 2017 April 4.
The Xiamen Jimei District People's Procuratorate accused the defendant Huang Mouzhu of committing the crime of causing a traffic accident, filed a public prosecution with the Jimei District People's Court, and requested the people's court to consider the following circumstances when sentencing: Huang Mouzhu voluntarily surrendered after committing the crime, truthfully confessed his crime, which constitutes a voluntary surrender, and the punishment may be mitigated, and if the victim has partially compensated for the economic losses and obtained the understanding of some of the victims, the punishment may be mitigated as appropriate.
The Xiamen Jimei District People's Court constituted a collegial panel in accordance with the law and heard the case in open session using ordinary procedures. The defendant had no objection to the facts of the charges at trial, and voluntarily admitted guilt and accepted punishment. After the trial, it was ascertained that at about 2017 o'clock on April 4, 8, the defendant Huang Mouzhu drove a "Min DL10XX" small car (with Yang Mouming) off the bridge from the Xinglin East Road exit of Xinglin Bridge in Xiamen City and drove into Xingbin Road, Jimei District, and when driving in the slow lane on the west side to the intersection of Xingbin Road and Xinglin East Road, the vehicle accelerated out of control due to stepping on the accelerator by mistake and rushed to the safety island at the northwest corner of the intersection, colliding with pedestrians Fu Moumei, Liao Mouhua and Liao Mouye who were crossing Xinglin East Road on the crosswalk. After rushing into the motor vehicle lane on the south side of Xinglin East Road, it collided continuously with the "Fujian DEP65XX" two-wheeled motorcycle driven by Wei Mouyi who stopped from north to south and waited for the signal light release in the lane, the "Min D5S9XX" small car driven by Peng Moukun and the "Min DTE3XX" taxi (with Gao Mou) driven by Xu Moubing, causing damage to the four vehicles and the death of the victims Fu Moumei and Liao Mouhua on the spot, and the victim Liao Mouye was injured and died after being sent to the hospital for rescue, and the defendant Huang Mouzhu and the victim Wei Mouyi died, Peng Moukun, Xu Moubing, Gao Mou, Yang Mouming were injured in a major traffic accident. It was determined that the victim Liao Mouye died of severe head injury caused by the blunt external force of the traffic accident; The victim, Fu's sister, died of severe head injury combined with traumatic hemorrhagic shock caused by a blunt external force in a traffic accident; The victim, Liao Mouhua, died of severe head and chest injuries combined with chest and abdominal organ injuries caused by blunt external forces in a traffic accident; The victim Wei Mouyi suffered a crushed fracture of the left ulna due to a traffic accident, etc., and after surgical treatment, the mobility function of the left wrist joint is partially lost, and the loss of the function of the left wrist joint is more than 1% but less than 25%, and the injury suffered is a minor injury of the first degree; The victim, Yang Mouming, suffered head trauma and fractures of two ribs due to a traffic accident, and the injuries suffered were minor injuries of the second degree; The victim, Xu Moubing, suffered multiple rib fractures due to a traffic accident, and the injuries suffered were minor injuries of the second degree. After investigation, investigation and evidence collection and technical appraisal of the accident scene, the traffic police department determined that Huang Mouzhu was driving due to an operation error, accidentally stepped on the accelerator to cause the vehicle to accelerate, and lost control when turning, causing the vehicle to collide continuously, and was fully responsible for the accident.
After the accident, the defendant Huang Mouzhu knew that others called the police, but was sent to the hospital by 120 ambulance for treatment due to injuries, and was investigated by the public security organ during the hospital's treatment. After being arrested, Huang Mouzhu truthfully confessed the above criminal facts and was willing to accept punishment. Huang Mouzhu's family has compensated the victims Yang Mouming, Wei Mouyi, Peng Moukun, Xu Moubing, and Gao for all economic losses on their behalf, obtained the understanding of the victims Yang Mouming, Wei Mouyi, Peng Moukun, Xu Moubing, and Gao, and compensated the deceased's family Qiu Mouying for part of the economic losses of 55,50 yuan (5,450 yuan in compensation and 50,2017 yuan in condolence money). It was also found that during the trial of this case, Huang Mouzhu's family reached a compensation agreement with the family of the deceased on the issue of civil compensation in this case, compensating the family of the deceased for a total of RMB 10.18 million (including the compensation of RMB 339,61 previously paid, RMB <>.<> million paid on October <>, <> and the emotional consolation money, and RMB <>,<> for commercial and compulsory insurance payable by the insurance company). The family of the deceased expressed their understanding to Huang Mouzhu.
The Xiamen Jimei District People's Court held that the defendant Huang Mouzhu violated the traffic and transportation management laws and regulations and caused a traffic accident, causing three deaths and three minor injuries, and that he should bear full responsibility for the accident, the circumstances were particularly egregious, and his behavior constituted the crime of causing a traffic accident. The prosecution was convicted of the charges. Huang Mouzhu voluntarily surrendered after committing a crime and truthfully confessed his crime, which is a voluntary surrender and can be given a lighter punishment according to law. His family can actively compensate the victims and their families for economic losses and obtain understanding, Huang Mouzhu may be given a lighter punishment as appropriate, the application of a suspended sentence to him will no longer endanger society, and the relevant defense opinions put forward by the defender are well-founded and can be adopted. Accordingly, in accordance with Articles 133, 67.1 and 72.1 of the Criminal Law of the People's Republic of China and Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents, the judgment is as follows:
Defendant Huang Mouzhu committed the crime of causing a traffic accident and was sentenced to three years in prison with four years' probation.
After the first-instance verdict was pronounced, the defendant Huang Mouzhu did not appeal, and the procuratorate did not protest. The judgment has taken legal effect.
Second, the main issues
For cases involving complex factors and large social impact, how to grasp the application of the leniency system for plea and punishment and avoid simplifying the handling of complex cases?
3. Reasons for adjudication
(1) It is important not to handle major and complex cases leniently and simply through admitting guilt and accepting punishment
The leniency system for pleas of guilt and punishment integrates procedure and substance, giving criminal suspects and defendants who admit guilt and punishment the right to choose procedures, and at the same time granting lenient treatment in substance, so as to encourage criminal suspects and defendants to voluntarily choose to admit guilt and accept punishment; It promotes a balance between the protection of the rights and interests of defendants and victims through the integrated settlement of incidental civil litigation compensation and criminal liability. The leniency system for guilty pleas and punishments not only focuses on the separation of complicated and simple cases, but also focuses on resolving contradictions and realizing restorative justice. Although the leniency system for pleas of guilt and punishment does not have restrictions on the application of crimes and possible sentences, the application of the lenient system for pleas of guilt and punishment should adhere to the criminal policy of combining leniency and strictness, and for cases caused by civil conflicts, especially crimes of negligence, it is necessary to find a balance between leniency and strictness, and strive to do a good job in resolving contradictions and achieving social harmony. For cases involving socially sensitive factors, complex backgrounds, and hidden risks, even if the defendant admits guilt and accepts punishment, it is important not to blindly try to be quick and simplified.
(2) Where the defendant does show signs of admitting guilt and accepting punishment, and the procedure is not handled in a simplified manner in accordance with the mode of admitting guilt and accepting punishment, it does not affect the entity's lenient punishment
According to article 15 of the Criminal Procedure Law of the People's Republic of China, where criminal suspects or defendants admit guilt and accept punishment, they may be treated leniently in accordance with law. The "leniency" here includes two aspects: substantive leniency and procedural simplicity, and the two are independent of each other. Based on the circumstances of the case itself, such as the case involving complex factors, the great social impact, and the fact that some defendants do not admit guilt and accept punishment, although the criminal suspect or defendant has shown signs of admitting guilt and accepting punishment, but the procedure is not handled in a simplified manner according to the mode of admitting guilt and accepting punishment, it does not affect the substantive lenient punishment of the defendant. Article 15 of the Criminal Procedure Law of the People's Republic of China stipulates that it is the institutionalization and deepening development of the criminal policy of combining leniency and strictness at the level of procedural law, and is the principled basis for public security and judicial organs to "be lenient in substance and simple in procedure" for criminal suspects and defendants who admit guilt and accept punishment, with the aim of encouraging genuine criminal suspects and defendants to confess their crimes to the judicial organs as soon as possible, obtain lenient treatment, and realize the due function of the system of leniency in admitting guilt and accepting punishment at multiple levels.
This case is a traffic accident case, in which the defendant mistakenly applied the accelerator as a brake while driving, resulting in three deaths, three minor injuries and damage to multiple vehicles. Among them, the three victims who died were a family of three, and there were three generations of ancestors and grandchildren, and it can be imagined that the victim's family suffered a heavy blow. Although the defendant had the circumstances of surrendering voluntarily, was willing to accept punishment, and actively compensated the victim for losses since the stage of examination and prosecution, and the procuratorate also put forward the opinion of reducing the punishment by surrendering voluntarily and mitigating the punishment as appropriate, and recommended that the sentence be imposed within three to four years, the court of first instance, as a pilot court of the lenient system for plea of guilt and punishment, considering the serious consequences of the case and the greater impact on the local area, did not apply the lenient system of plea and punishment for simple treatment, but formed a collegial panel in accordance with the law and applied ordinary procedures to hear the case openly. It also integrated the settlement of incidental civil compensation and criminal liability, and took the proper handling of the aftermath as the focus of this case. In order to avoid the unenforceability of the incidental civil judgment, causing secondary harm to the victim's family, and avoiding the expansion of the conflict, the court of first instance did not simply make a judgment on the incidental civil lawsuit, and the collegial panel members worked hard to do the work of the defendant's family and mobilize the defendant's family to raise funds from the family. After many efforts, the parties to the incidental civil litigation reached a mediation agreement under the auspices of the people's court: the defendant compensated the family of the deceased a total of RMB 500.450 million (Huang Mouzhu's family paid 389.61 million yuan, and the insurance company's commercial insurance and compulsory insurance <>,<> yuan), the compensation money was in cash to hit the bank account designated by each plaintiff in the incidental civil action, and the plaintiffs expressed their understanding to the defendant and agreed to give the defendant a lighter punishment and apply a suspended sentence. Based on factors such as the nature, circumstances, and consequences of the case, and taking into account the statutory lenient punishment circumstances such as the defendant's voluntary surrender, positive compensation, and forgiveness, the court of first instance adopted the defender's opinion on sentencing the defendant to a suspended sentence, and sentenced the defendant to three years' imprisonment and four years' probation. After the first-instance judgment was appropriate, the defendant did not appeal, the procuratorial organ did not protest, the defendant was punished and educated, the victim was comforted physically and mentally, the social order disrupted by the crime was restored in a timely manner, and good legal and social results were achieved in the handling of the case.
Written by: Xiamen Jimei District People's Court Song Yixin Editor: Yang Lixin, First Criminal Division of the Supreme People's Court Source: Criminal Trial Reference, Episode 127
Guiding Case No. 1403
I. Basic facts of the case
Defendant Huang Mouzhu, female, was born on xx x x 1969. Arrested on 2017 April 4.
The Xiamen Jimei District People's Procuratorate accused the defendant Huang Mouzhu of committing the crime of causing a traffic accident, filed a public prosecution with the Jimei District People's Court, and requested the people's court to consider the following circumstances when sentencing: Huang Mouzhu voluntarily surrendered after committing the crime, truthfully confessed his crime, which constitutes a voluntary surrender, and the punishment may be mitigated, and if the victim has partially compensated for the economic losses and obtained the understanding of some of the victims, the punishment may be mitigated as appropriate.
The Xiamen Jimei District People's Court constituted a collegial panel in accordance with the law and heard the case in open session using ordinary procedures. The defendant had no objection to the facts of the charges at trial, and voluntarily admitted guilt and accepted punishment. After the trial, it was ascertained that at about 2017 o'clock on April 4, 8, the defendant Huang Mouzhu drove a "Min DL10XX" small car (with Yang Mouming) off the bridge from the Xinglin East Road exit of Xinglin Bridge in Xiamen City and drove into Xingbin Road, Jimei District, and when driving in the slow lane on the west side to the intersection of Xingbin Road and Xinglin East Road, the vehicle accelerated out of control due to stepping on the accelerator by mistake and rushed to the safety island at the northwest corner of the intersection, colliding with pedestrians Fu Moumei, Liao Mouhua and Liao Mouye who were crossing Xinglin East Road on the crosswalk. After rushing into the motor vehicle lane on the south side of Xinglin East Road, it collided continuously with the "Fujian DEP65XX" two-wheeled motorcycle driven by Wei Mouyi who stopped from north to south and waited for the signal light release in the lane, the "Min D5S9XX" small car driven by Peng Moukun and the "Min DTE3XX" taxi (with Gao Mou) driven by Xu Moubing, causing damage to the four vehicles and the death of the victims Fu Moumei and Liao Mouhua on the spot, and the victim Liao Mouye was injured and died after being sent to the hospital for rescue, and the defendant Huang Mouzhu and the victim Wei Mouyi died, Peng Moukun, Xu Moubing, Gao Mou, Yang Mouming were injured in a major traffic accident. It was determined that the victim Liao Mouye died of severe head injury caused by the blunt external force of the traffic accident; The victim, Fu's sister, died of severe head injury combined with traumatic hemorrhagic shock caused by a blunt external force in a traffic accident; The victim, Liao Mouhua, died of severe head and chest injuries combined with chest and abdominal organ injuries caused by blunt external forces in a traffic accident; The victim Wei Mouyi suffered a crushed fracture of the left ulna due to a traffic accident, etc., and after surgical treatment, the mobility function of the left wrist joint is partially lost, and the loss of the function of the left wrist joint is more than 1% but less than 25%, and the injury suffered is a minor injury of the first degree; The victim, Yang Mouming, suffered head trauma and fractures of two ribs due to a traffic accident, and the injuries suffered were minor injuries of the second degree; The victim, Xu Moubing, suffered multiple rib fractures due to a traffic accident, and the injuries suffered were minor injuries of the second degree. After investigation, investigation and evidence collection and technical appraisal of the accident scene, the traffic police department determined that Huang Mouzhu was driving due to an operation error, accidentally stepped on the accelerator to cause the vehicle to accelerate, and lost control when turning, causing the vehicle to collide continuously, and was fully responsible for the accident.
After the accident, the defendant Huang Mouzhu knew that others called the police, but was sent to the hospital by 120 ambulance for treatment due to injuries, and was investigated by the public security organ during the hospital's treatment. After being arrested, Huang Mouzhu truthfully confessed the above criminal facts and was willing to accept punishment. Huang Mouzhu's family has compensated the victims Yang Mouming, Wei Mouyi, Peng Moukun, Xu Moubing, and Gao for all economic losses on their behalf, obtained the understanding of the victims Yang Mouming, Wei Mouyi, Peng Moukun, Xu Moubing, and Gao, and compensated the deceased's family Qiu Mouying for part of the economic losses of 55,50 yuan (5,450 yuan in compensation and 50,2017 yuan in condolence money). It was also found that during the trial of this case, Huang Mouzhu's family reached a compensation agreement with the family of the deceased on the issue of civil compensation in this case, compensating the family of the deceased for a total of RMB 10.18 million (including the compensation of RMB 339,61 previously paid, RMB <>.<> million paid on October <>, <> and the emotional consolation money, and RMB <>,<> for commercial and compulsory insurance payable by the insurance company). The family of the deceased expressed their understanding to Huang Mouzhu.
The Xiamen Jimei District People's Court held that the defendant Huang Mouzhu violated the traffic and transportation management laws and regulations and caused a traffic accident, causing three deaths and three minor injuries, and that he should bear full responsibility for the accident, the circumstances were particularly egregious, and his behavior constituted the crime of causing a traffic accident. The prosecution was convicted of the charges. Huang Mouzhu voluntarily surrendered after committing a crime and truthfully confessed his crime, which is a voluntary surrender and can be given a lighter punishment according to law. His family can actively compensate the victims and their families for economic losses and obtain understanding, Huang Mouzhu may be given a lighter punishment as appropriate, the application of a suspended sentence to him will no longer endanger society, and the relevant defense opinions put forward by the defender are well-founded and can be adopted. Accordingly, in accordance with Articles 133, 67.1 and 72.1 of the Criminal Law of the People's Republic of China and Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents, the judgment is as follows:
Defendant Huang Mouzhu committed the crime of causing a traffic accident and was sentenced to three years in prison with four years' probation.
After the first-instance verdict was pronounced, the defendant Huang Mouzhu did not appeal, and the procuratorate did not protest. The judgment has taken legal effect.
Second, the main issues
