Recently,the selection results of the"Excellent Criminal Defense Cases"held by the Jiangsu Provincial Lawyers Association were announced.The"Wang Mou Traffic Accident Case"undertaken by the lead lawyer Liu Ruxiang won the second prize and was compiled as the first case in the"Selected Criminal Defense Cases of Lawyers in Jiangsu Province".

Wang Moumou's Traffic Accident Case

--Breaking through the Inertia Thinking and Surrender Determination--

Liu Ruxiang,Beijing Gaopeng(Nanjing)Law Firm

[Brief Description of the Case]The

indictment of the procuratorate alleges that on July 11,2013,the vehicle driven by the defendant Wang Moumou failed to maintain a safe distance on the highway,resulting in a collision with the front vehicle driving at a low speed,causing injuries to both parties.The defendant,Wang Moumou,was unconscious on the spot and sent to the hospital for treatment.The former passenger,Li Moumou,was declared dead one month after being rescued by the hospital.According to the traffic police department,the defendant Wang Moumou bears the main responsibility.The procuratorate has indicted the defendant Wang Moumou on suspicion of causing a traffic accident and investigated him for criminal responsibility.

This case is a traffic accident case.According to experience,the public prosecution authority believes that the defendant Wang was injured and unconscious at the scene of the accident,and that the police call was made by another passenger in the previous car,Guo.Therefore,it is believed that the defendant Wang's behavior does not constitute voluntary surrender.Through reviewing the papers and interviews,the defender found that Mr.Li died one month after the accident occurred,and the death was only converted from a civil case to a criminal case at that time.The defendant,Mr.Wang,realized that he had committed a crime after learning that Mr.Li died,and voluntarily surrendered and truthfully confessed,which should be considered as voluntary surrender.The court ultimately adopted the view of the defense lawyer,resulting in the defendant,Mr.Wang,being granted a suspended sentence,Effectively safeguarding the legitimate rights and interests of the defendant.

[Excerpt

from defense statement]The defender has no objection to the accusation in the indictment that the

defendant,Wang,committed a traffic accident crime,but believes that there are statutory and discretionary circumstances for a lighter punishment.It is recommended that the court impose a lighter punishment and apply a suspension of sentence on him.The reasons are as follows:First,the defendant,Wang,voluntarily surrendered after a traffic accident causing death,truthfully confessed all the facts of the crime,constituting voluntary surrender,and may be given a lighter punishment according to law.

（1）The defendant Wang has the initiative to submit the case.

1.From the perspective of time,the defender believes that the time when this case constitutes a criminal case should be August 8th on the day of the death of the victim,Li,rather than July 11th on the day of the accident.

According to Article 2 of the"Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents",only those who die or seriously injured more than three people and bear full or major responsibility for the accident constitute a traffic accident crime."The traffic accident that occurred on July 11th did not cause death.Under the circumstances where the defendant Wang Moumou bore the main responsibility for the traffic accident,Wang Moumou's behavior did not constitute a traffic accident crime,and his liability should be for civil tort compensation.".When Li Moumou died after rescuing him on August 8th,this case was transformed from an ordinary civil tort case into a criminal case that constituted a traffic accident crime.

2.From the course of the case,the defendant Wang Moumou received a phone call from the police to learn that Li Moumou was dead,and the police requested him to wait at home for investigation.He had been waiting at home all the time.Although the police had enough time to escape from Nanjing to Shanghai,there was no act of escape,so he had the initiative to submit to the case.(The"Seizure Process"issued by the First Highway Brigade of Nanjing Traffic Management Bureau is confirmed.).

（2）The defendant,Wang Moumou,truthfully confessed all the facts of the crime after he was brought to justice.He pleaded guilty and repented with a correct and good attitude,and his confession was stable.

From the above two aspects,it can be determined that the defendant Wang Moumou's act of bringing to justice was proactive,and after bringing to justice,he also truthfully stated the facts of the crime.His act constitutes voluntary surrender,and he can be given a lighter punishment according to law.

2、Although the defendant in this case,Wang Moumou,was primarily responsible for the accident,the other party,Song Mou,did not drive in accordance with the traffic regulations,driving at low speeds and decelerating on the highway,which was also one of the reasons for the death of the victim,Li Moumou,in a traffic accident.

The traffic accident confirmation letter and the confession records of the defendant and the victim confirmed that the low speed and deceleration driving of Song on the highway was the secondary cause of the traffic accident.The death of Li was related to the fault of Song's illegal driving,and the death of Li was also related to the limited medical level available.The defender believes that the factors that caused the death of Li are manifold,so in terms of assuming criminal responsibility,the defendant should be given a lighter punishment when sentencing to reflect the principle of consistency between criminal responsibility and punishment in the criminal law.

3、The defendant,Wang,is a first or incidental offender,and may be given a lighter punishment as appropriate.

The defendant had no previous criminal record or track record,and this illegal crime was also an incidental offense."After being brought to justice and during the trial,the defendant pleaded guilty and had a good attitude of repentance.We hope that the court can give him a lighter punishment as appropriate.".

4、The defendant and his family members have also made compensation for the losses suffered by the victim,making up for the physical and mental harm caused to the victim's family members as much as possible.We hope that the court can give a lighter punishment as appropriate.

In summary,the defender believes that the defendant,Wang Moumou,voluntarily surrendered after the incident and truthfully confessed the facts of the crime,which is a voluntary surrender;The reasons for the death of the victim,Li,are manifold and should be taken into account when sentencing;The defendant and his family members have also paid compensation to the victim.This crime is also a first and incidental offense.I hope the court can adopt the opinions of the defender when sentencing,give the defendant a lighter punishment,and apply a probation to him.Thank you!

[Case handling experience]

In a traffic accident case,the nature of the case was transformed from a civil infringement at the beginning to a criminal crime,but this transformation process was ignored by the public prosecution authorities.The reason for this lies in the lack of a thorough understanding of criminal and civil cross cases and the application of the law.As a result,if the defendant in the case did not actively report to the police,was injured and unconscious,and was sent to the hospital for treatment by the traffic police,it was considered that he had been arrested and fell into a misunderstanding of habitual thinking.Who knows,the case did not cause death at the time of the accident and was only a civil tort case when the perpetrator was only primarily responsible.Since it is a civil case,it is not clear whether it constitutes voluntary surrender or arrest.In fact,the case did not become a real criminal case until the victim Li Moumou died.

This case tells us that although the legal provisions are concise,the specifics of each case vary depending on the circumstances and individuals.We should not copy rigid rules,but be adept at discovering details from the case,understanding the legal provisions,and finding suitable breakthroughs.The breakthrough point of this case lies in:first,when to bear civil liability and when to bear criminal liability in traffic accidents for which the actor is primarily responsible;Secondly,what arises from this is when the case is converted from a civil case to a criminal case,and whether the actor's ex post facto behavior reflects the initiative to submit to the case.

[Lawyer Profile]

Lawyer Liu Ruxiang,female,is a lawyer and senior partner of Beijing Gaopeng(Nanjing)Law Firm,Deputy Secretary General of Nanjing Lawyers Association,Deputy Director of the Criminal Affairs Committee,Member of the Standing Committee of the Nanjing Gulou District CPPCC,Supervisor of the Office Style of Nanjing Gulou District,and Expert in the Evaluation and Resolution of Nanjing Law-related Complaints and Letters.

This article is translated by software translator for reference only.