Inform the procuratorate service center after drunk driving

1.

It means that the public prosecution organ (procuratorate) will summon you to take notes, wait for the relevant evidence in the Procuratorate's examination paper to be ready, and transfer it to the court to sue you for dangerous driving. After receiving the case, the court arranges a hearing and makes a judgment. Whoever drives dangerously shall be sentenced to criminal detention and shall also be fined

whether arrest will be approved after being released on l depends on the specific circumstances of the case
1. Bail is a criminal compulsory measure stipulated in the criminal procere law of the people's Republic of China. It refers to the judicial suspect in the criminal justice system, such as the public security organ, the people's Procuratorate and the people's court, who need to change the coercive measures after being arrested or arrested. In order to prevent them from evading investigation, prosecution and trial, they should be ordered to give guarantor or pay the guarantee, and to issue a guarantee to ensure the follow up. It is a kind of compulsory measure not to detain him or to release him temporarily

2, the seventy-ninth article of the Criminal Procere Law shall be arrested if the suspect and defendant who have proved that they have criminal facts and may be sentenced to more than imprisonment for imprisonment shall not be prevented from taking the following social risks. p> (1) it is possible to commit a new crime

(2) there is a real danger endangering national security, public security or social order

(3) it is likely to destroy or forge evidence, interfere with the testimony of witnesses or collude in Confessions

(4) may retaliate against the victim, informant or accuser

(5) attempted suicide or escape

those who have evidence to prove that they have committed a crime and may be sentenced to fixed-term imprisonment of more than 10 years, or those who have evidence to prove that they have committed a crime and may be sentenced to imprisonment of more than 10 years, and who have committed an intentional crime or whose identity is unknown shall be arrested

the suspect and defendant who are released on l and who are in custody are in violation of the provisions of l pending trial and residential surveillance. If the circumstances are serious, they may be arrested. p>

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4. When the case is handed over to the procuratorate, it means that it is a case of public prosecution, and the follow-up is for the procuratorate to prepare the materials of public prosecution for use in court. Generally speaking, if the drunk driving case is clear, it can be decided at the first instance.

5. Has there been no detention or l? Drunk driving constitutes a crime of dangerous driving. Criminal detention and criminal responsibility shall be investigated according to law, and the sentence shall be from one to six months.

6. After being released on l, the procuratorate now informs to renew the l, indicating that the case has been transferred by the public security bureau to the procuratorate for examination and prosecution. The time for the procuratorate to examine and prosecute is generally one month, and then the procuratorate initiates a public prosecution, and finally the court tries it

According to Article 133 of the criminal law of the people's Republic of China, anyone who violates the laws and regulations on traffic and transportation management and thus causes a major accident, causing serious injury or death to a person or heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after causing a traffic accident or if there are other especially bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If death is caused by escape, he shall be sentenced to fixed-term imprisonment of not less than seven years

if there is no escape, there are no other bad circumstances to be sentenced to probation< br />

7.

Drunk driving has been detained, which is only a compulsory measure to prevent escape, and can not be regarded as a specific punishment. Drunk driving is a criminal crime, and the public security organ should submit it to the procuratorate for prosecution after the case is investigated clearly

according to the sixty-sixth law of the People's Republic of China criminal procere law, the people's courts, the people's procuratorates and the public security organs may, according to the circumstances of the case, make a warrant, a l pending trial or a residence surveillance for the suspect or defendant. p> Article 162 when a public security organ concludes its investigation of a case, it shall make sure that the facts of the crime are clear and the evidence is reliable and sufficient, and shall write a prosecution opinion, which shall be transferred to the people's Procuratorate at the same level for examination and decision together with the case files and evidence; Meanwhile, the suspect and his defense counsel will be informed of the transfer of the case. The suspect voluntarily pleaded guilty, shall be recorded on the record, transferred with the case and written in the written opinion of the prosecution. p>

extended information:

"opinions on Several Issues concerning the application of law in handling criminal cases of drunk driving motor vehicles" Article 1 driving a motor vehicle on the road with a blood alcohol content of more than 80 mg / 100 ml is a drunk driving motor vehicle, which shall be convicted and punished with the crime of dangerous driving in accordance with the first paragraph of article 133-1 of the criminal law. The "roads" and "motor vehicles" mentioned in the preceding paragraph shall be governed by the relevant provisions of the road traffic safety law

(1) those who have caused a traffic accident and are fully or mainly responsible for the accident, or who have escaped after causing a traffic accident, but have not constituted other crimes

(2) the blood alcohol content was more than 200 mg / 100 ml

(3) driving on expressways and urban expressways

(4) driving a motor vehicle carrying passengers

(5) serious violations of the road traffic safety law, such as serious overloading, speeding, driving a motor vehicle without driving qualification, using forged or altered motor vehicle license plates, etc

(6) evading the inspection by the public security organ according to law, or refusing or hindering the inspection by the public security organ according to law, which has not constituted other crimes

(7) having been subject to administrative punishment or criminal investigation for drunk driving

(8) other circumstances that can be given heavier punishment

8. Because of what? Generally, the court will not withdraw? You can consult the procuratorate. Generally, the court considers that there is a mitigated circumstance, which needs to provide evidence before it can be returned.

9. The drunken driving received a notice from the procuratorate that it had entered the public prosecution procere. The procuratorate must examine the criminal suspect and understand the case.
the 170th article of the criminal procere law, the people's Procuratorate shall examine the case and interrogate the suspect, listen to the opinions of the defender, the victim and his agent ad litem and record it. Where the defender, the victim or his agent ad litem puts forward written opinions, a volume shall be attached.