On Surrendered Applicable In A Traffic Accident Crime

At this stage of the implementation of the criminal policy of combining punishment with leniency, surrendered to the identification of relatively loose in this regard will prompt offenders repent, not to continue committing the crime; the other hand the detection and trial of cases in a timely manner, saving judicial resources. Hu Bin, drag racing case in terms of subjective or objective state of mind to analyze the dangerous means are not consistent with the crime of endangering public safety can not be dangerous driving charge. Offenses under the Criminal Code based on the existing legal principles, can only be the Crime, can not arbitrarily change the aggravating offense. Zhejiang Higher People's Court "to hear criminal cases, traffic accident a number of views" about "should not be traffic accident scene after the alarm and repeat the evaluation of the behavior of waiting for the deal surrendered, surrendered to the defendant is found" contrary to the provisions of legal principles in the crime, do not escape the traffic accident can be set up to surrender. Traffic Casualties still room for the establishment of voluntary surrender, certainly not to encourage the voluntary surrender can be set up to escape, but to encourage an active surrender to win leniency. Should be "non-performing rescue duties" as the core to understand the Crime of the "escape", for drunken driving, speeding, driving and other dangerous high-speed reverse driving causing injury to others, should be identified as "other extremely serious", Hu Bin, traffic crime, the alarm after the incident and its handling of the behavior of waiting for the establishment of "voluntary surrender", but because there is no "truthfully confessed his crime," it is not the establishment of voluntary surrender, it shall apply to the second tranche of the Crime Sentence, in "three to seven years" where appropriate sentences.