Sihai network

It's also dangerous for Maserati to crash into BMW and arrest three people in a car!

These days, the tragic video of the "rear end collision accident on the street" has become hot on the Internet. How to deal with the driver who is suspected of committing a crime has also become the focus of netizens' hot discussion. According to the inspection and identification of relevant departments, at the moment of the accident, Tan drove at a speed between 120 km and 135 km / h. After blood test, Tan was drunk driving, excluding drug driving.

In July 4th, the Yongcheng municipal public security organ took a criminal coercive measure against the suspect Tan Moumou, Zhang Mou and Liu Mou on suspicion of endangering public safety, and the case was being processed.

First of all, let's talk about the tan who drove the car causing the accident. Why not be suspected of dangerous driving, but be suspected of endangering public safety? This is because, from a subjective point of view, Tan escaped intentionally after a drunken traffic accident. For the occurrence of this serious accident, he has a psychological state of 'knowing that his behavior may cause harm to society, and allowing this result to happen'.

From an objective point of view, through the dangerous method of drunk driving, Tan actively contributed to the specific dangerous state and major harmful results. The social harmfulness of this kind of non-specific public behavior is far greater than the crime of dangerous driving, so we should investigate the criminal responsibility for the crime of suspected endangering public safety, specifically the crime of endangering public safety by dangerous means.

If this charge is established, Tan may face a heavy sentence, and his preliminary judgment is that he should be sentenced to more than 10 years' imprisonment, life imprisonment or death penalty.

In judicial practice, there are many cases of death penalty for such crimes. Four years ago, in a case of death caused by drunk driving in Jiangsu Province, the defendant of drunk driving, Jin, first collided with a bicycle while driving, then drove forward again despite the crowd's obstruction, involving another person under the car to death. Finally, the Jiangsu Provincial High Court sentenced Jin to a reprieve for the crime of endangering public security by dangerous means.

In fact, in addition to the prosecution of Tan, the local public security organs also took criminal coercive measures against Zhang and Liu, who were in the same car with her.

According to the limited information disclosed in the report, Zhang and Liu did drink 'three kinds of wine' with tan, but it was Tan who drove Maserati and caused serious consequences, not Zhang and Liu. Why do they, as passengers, have to be detained?

Theoretically speaking, if a driver causes a crime, the passengers behind him may also commit a crime. For example, in this case, if it is found out that Zhang and Liu persuaded Tan to drive drunk, urged and instructed the other party to drive away, which eventually led to a serious accident, they should be treated as accomplices in this case.

The problem is that in this case, after the major accident, not only the driver suffered extensive burns, but also all three people on Maserati's car were seriously injured. At present, the injured are being treated in the hospital intensive care unit. In this case, how do the relevant departments collect evidence, identify Zhang and Liu as criminal suspects, and take criminal coercive measures? This needs further explanation.

In the face of painful lessons, we must put the board on the responsible person. The relevant departments should investigate and handle the case according to law, and let the guilty be "wrongly punished".

From a fair point of view, even if Zhang and Liu are proved guilty, their criminal responsibility should be lighter than that of Tan, who personally caused the catastrophe. This is also the embodiment of the criminal law principle of "crime and punishment adapt to each other".