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The People's Daily Had an Interview with King and Capital Partner Liu Bo about the National First Case of Driving While Over the Alcohol Limit Exempted from Criminal Punishment
Released on:2012-05-08Source:the Theory Research DepartmentAuthor:LiuBo

In early June 2011, the People's Court of Karamay convicted Wang of driving while under the influence of alcohol and dangerous driving but exempted him from criminal punishment, which caused a keen debate on drunken driving again.

 

On June 23, 2011, the People's Daily interviewed King and Capital Partner Liu Bo on some legal issues related to the "First National Case of Driving While Over the Alcohol Limit Exempted from Criminal Punishment". Liu Bo approved of the judgment, but at the same time suggested that the processes of exempting drunken driving suspects from criminal punishment should be further defined and improved.

 

Liu Bo believed that, according to article 63 of the Criminal Law, "even if the circumstances of a crime do not warrant a mitigated punishment under the provisions of this Law, the criminal may, upon the approval of the Supreme People's Court, be sentenced to a punishment less than the prescribed punishment in accordance with the special particulars of the case." In accordance with the provision of the Criminal Law, the prescribed punishment for drunken driving suspects should be criminal detention in addition to a fine. Integrating all reports on the media about the Karamay drunk driving case, Wang had no circumstances to warrant a mitigated punishment under the provisions of Criminal Law, so, the sentence of exempting him from criminal punishment should be approved by the Supreme People's Court. It's usual judicial practice that cases of exempting suspects from criminal punishment are not reported to the Supreme People's Court for approval. This kind of practice is quite worrying.