The crime of harboring and harboring can be decomposed into the crime of harboring and the crime of harboring. The crime of concealment is the act of identifying a person who knows that he is a criminal and providing him with a hiding place or property to help him escape; The crime of harboring is the act of falsely proving the concealment by identifying a person who knows that he is guilty of a crime. The legal benefit of this crime is the criminal justice role of criminal investigation, criminal trial and punishment enforcement, etc.
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Around 2015, Ban Kang had carried out construction for the stone dry hanging project contracted by Laizhou compatriot Mao Mou3 in Harbin and other places, during which due to problems such as project quality, progress and payment of project funds, the two had a contradiction, and Ban Kang believed that mao Mou3 had part of the project funds that had not been settled for him. At about 17:00 on December 3, 2021, after discussing with Han Kang in advance, Ban Kang and Han Tao discussed in advance, drove his own Lu B××××× white Jetta sedan to take Han Han Tao to Mao Mou 3 in Zhongjiagou Village, Wenchang Road Street, Laizhou City, asking for money, and After Mao Mou 3 went out to see Ban Kang, he had a dispute and fought with him. During the fight, Ban Kang held a single-edged sharp knife prepared in advance and stabbed Mao Mou3 four times in a row on the front, inside, and outside of Mao Mou 3's left thigh, causing Mao Mou 3's legs to bleed and fall to the ground. After the victim Mao Mou3 was discovered by his family, he was sent to the hospital for treatment, and then died after the rescue was ineffective. According to the forensic medical appraisal, the victim Mao Mou 3 was punctured by a single-edged prick to the left femoral artery and vein, causing hemorrhagic shock and death.
After committing the crime, South Korea Tao drove the defendant Ban Kang away from the scene in a car, first went to the Liqun supermarket on the side of Wenfeng Road Street to recharge Ban Kang's mobile phone by 50 yuan, and then drove to Ban Kang's parents' home to ask for 2,000 yuan in cash. At about 12 o'clock the next day, Ban Kang and Han Tao arrived in Dalian By car, and after learning of the death of the victim Mao Mou3, the two broke up. Ban Kang was arrested by the public security organs on December 22, 2021. Han Hantao was arrested by the public security organs on December 10, 2021. Ban Kang, what kind of punishment will Han Tao be punished?
Zhao Juhua, a lawyer at Inner Mongolia Ruian Law Firm, answered:
Ban Kang injured people with a knife and caused death, and his behavior constituted the crime of intentional injury; Han Tao knew that Ban Kang had injured others, but still drove to help him escape, and his behavior constituted the crime of harboring.
Ban Kang was once sentenced to a suspended sentence for intentional crimes, did not repent, committed another crime, and was given a heavier punishment as appropriate; Han Hantao was able to truthfully confess the facts of the crime after his return to the case, which was a confession and could be given a lighter punishment.
Although this case was caused by a property dispute, in the process of injuring the victim, Ban Kang stabbed several times in a row with a knife, which was subjectively vicious and should be severely punished.
The economic losses caused to the victim's close relatives by Ban Kang's criminal acts shall be compensated in accordance with law. There is no causal relationship between Han Hantao's criminal act and the death of the victim, and he is not liable for compensation according to law.
Lawyer Zhao Juhua added:
Article 310 of the Criminal Law of the People's Republic of China, the crime of harboring or harboring refers to a person who, knowingly committing a crime, provides him with a hiding place or property, helps him escape or falsely proves that he or she is sheltered, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever commits the crime mentioned in the preceding paragraph or commits conspiracy in advance shall be punished as a joint crime
Zhao Juhua, Bachelor of Economic Law from Inner Mongolia University, Senior Partner of Inner Mongolia Ruian Law Firm, Criminal Discerning Lawyer, has been practicing law for 21 years. He was a member of the Inner Mongolia Autonomous Region Youth Lawyers Working Committee and a member of the Disciplinary Committee of the Baotou Lawyers Association. He was named one of the Top Ten Defenders of Human Rights. The motto is to discipline oneself as the Tao.
