Procedural provisions of public security organs for handling criminal cases of drunk driving

Procedures for Shanxi Public Security Organs to Handle Criminal Cases of Drunk Driving Motor Vehicles

Chapter I General Principles

Article 1 In order to standardize the procedures for public security organs to handle criminal cases of drunk driving motor vehicles, ensure public security organs to perform their duties according to law, improve the efficiency of handling cases and ensure the quality of handling cases, according to the Criminal Law Amendment of People's Republic of China (PRC) (VIII), Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles (Fa Fa Fa Fa Fa [20 13]No. 15) and Public Security Organs Handling,

Article 2 These Provisions shall apply to the public security organs of this province and their people's police in handling criminal cases of drunk driving motor vehicles.

The criminal case of drunk driving a motor vehicle refers to a case in which the driver of a motor vehicle is drunk driving a motor vehicle on the road and is suspected of constituting a dangerous driving crime. Motor vehicle drivers who are drunk driving a motor vehicle on the road are suspected of endangering public safety and causing traffic accidents by dangerous means, and shall be dealt with in accordance with relevant laws and regulations.

Article 3 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, take effective measures, scientifically organize and divert traffic, and reasonably control the number of vehicles stopped 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. Inspection and handling of cases shall be carried out by two or more traffic policemen.

Chapter II Governance

Article 4 A criminal case of drunk driving a motor vehicle shall be under the jurisdiction of the traffic administrative department of the public security organ at the county level where the crime was committed, and shall exercise investigation duties. If the traffic administrative department of the county-level public security organ is not established, it shall be under the jurisdiction of the traffic administrative department of the municipal public security organ with districts.

Article 5 Where several traffic administrative departments of public security organs have jurisdiction, the traffic administrative department of the public security organ that initially accepted the case shall have jurisdiction.

Article 6 When necessary, the traffic administrative department of the public security organ at a higher level may directly handle or organize, direct and participate in handling cases under the jurisdiction of the traffic administrative department of the public security organ at a lower level, or designate the traffic administrative department of the public security organ at a lower level to transfer the cases to the traffic administrative departments of other public security organs at a lower level within a time limit.

Article 7 The division of jurisdiction of cases in which active servicemen are suspected of driving a motor vehicle while drunk constitutes a crime of dangerous driving shall be handled in accordance with the Provisions on Procedures for Handling Criminal Cases by Public Security Organs and the Provisions on Handling Criminal Cases in Military Areas.

A person who claims to be an active serviceman and is suspected of drunk driving a motor vehicle shall be under the jurisdiction of the traffic management department of the public security organ before his true identity is confirmed.

Eighth foreigners drunk driving motor vehicles, suspected dangerous driving cases, the division of jurisdiction, in accordance with the relevant provisions.

Chapter III Supervision Office

Article 9 When a traffic policeman discovers that a motor vehicle driver is suspected of drunk driving in law enforcement on road duty, he shall conduct a breath alcohol test. The breath alcohol test shall print the written test results, which shall be signed by the suspect who is drunk driving a motor vehicle (hereinafter referred to as the party concerned) and signed or sealed by the traffic police. If the parties have objections to the inspection results or refuse to sign them, the traffic police shall indicate the written inspection results.

Article 10 If a suspect who is drunk driving a motor vehicle is found through breath alcohol test at the scene, administrative compulsory measures shall be taken to detain the motor vehicle driver's license and detect the alcohol content in the body, and a certificate of administrative compulsory measures shall be issued.

Eleventh traffic police found that the parties have one of the following circumstances, it should be timely to take blood samples to detect the alcohol content in the body:

(1) The breath alcohol test result reaches the standard of drunk driving a motor vehicle;

(2) Objecting to the breath alcohol test results;

(3) refusing to cooperate with breath alcohol test and other methods;

(four) suspected of drinking, drunk driving a motor vehicle traffic accident.

Twelfth blood sampling shall be carried out in accordance with the following procedures:

(1) The traffic police shall notify the family members of the parties or other personnel required by the parties. If the party concerned refuses to notify, it may not notify, but it shall be indicated in the record.

(2) The traffic police shall take the party concerned to a medical institution at or above the county level or a qualified inspection and appraisal institution to draw blood, and the above-mentioned institutions may send personnel to draw blood when necessary. The traffic police should monitor the whole process of blood drawing to ensure that the collected evidence is legal and effective.

(3) Blood samples shall be taken by professionals as required, and two blood samples shall be taken for standby. Alcohol drugs shall not be used to disinfect the skin.

(4) The extracted blood samples should be packed in clean and dry containers with the names of the parties and the time of blood collection, and then put into sealed bags, one for filing and one for inspection. The sealing material of the sealed bag shall indicate the name of the party concerned, the time of extraction and the purpose of blood sample. Signed by the parties concerned, fingerprinted, signed or sealed by the traffic police and professional blood collectors. If there is a witness present, it shall be signed or sealed by the witness, and the identity of the witness shall be indicated. If the parties concerned, professional blood collectors or witnesses refuse to sign, fingerprint or seal, the traffic police shall indicate it.

(five) fill in the registration form of blood collection, indicating the reason, time and place of blood collection and the name of the person to be taken, which shall be signed or sealed by the traffic police and blood collection personnel.

(six) the blood samples for the record shall be kept in the evidence storage room of the case-handling department. Blood samples should be kept at low temperature before inspection.

If the drunken behavior is out of control or refuses to cooperate with the blood test, police equipment can be tied with a binding belt or warning rope.

Article 13 The traffic police may verbally summon a party found on the spot who is suspected of drunk driving a motor vehicle to a designated place for investigation and show his work certificate.

The traffic administrative department of the public security organ shall inform the summoned person of the reasons and basis for summoning. A party who refuses to accept or evades the summons without justifiable reasons may be summoned by force.

Article 14 The traffic administrative department of the public security organ shall promptly notify the family members of the summoned person by telephone, text message or fax.

When the traffic administrative department of the public security organ summons a party, if his family members are present, he shall verbally inform his family members of the reasons and place for summoning on the spot, and indicate it in the inquiry record.

If the summoned person refuses to provide the contact information of his family or there are other circumstances that cannot be notified, he may not notify, but it shall be indicated in the inquiry record.

Article 15 The traffic administrative department of the public security organ shall promptly inquire and verify the party who was summoned orally, and make an inquiry record, which shall specify the process, time and departure time of the party who was summoned orally.

Article 16 If a party is in danger to himself or threatens the personal, property or public safety of others after being drunk, the traffic police shall take protective restraint measures first, conduct personal safety inspection, and take the party to a restraint place to sober up and restrain him until he is sober. For drunken 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.

Seventeenth traffic police on the road to investigate and deal with illegal acts suspected of drunk driving motor vehicles, should open the law enforcement recorder to record the whole process, and timely record the seizure process by means of on-site photos or videos. Photos or videos should reflect the following:

(a) the process of the parties to stop and accept the traffic police inspection;

(2) Driving situations with the characteristics of the parties;

(three) the basic characteristics of motor vehicle license plate, model and color;

(four) the process of the parties to accept the breath alcohol test;

(5) The process of taking blood samples by the parties concerned;

(6) If a witness is present, a video shall be taken to question the witness;

(seven) other contents that can reflect the investigation process.