Beijing, 9 Aug (Xinhua) -- On 9 August, the Supreme People's Court and the Supreme People's Procuratorate issued an interpretation on several issues concerning the application of law in handling criminal cases of harboring and harboring, making detailed provisions on the constituent elements of the crime of harboring and harboring, and clarifying the circumstances in which the "circumstances are serious." The judicial interpretation came into effect on August 11.
According to this judicial interpretation, a person who knows that he is a criminal, in order to help him escape, provides the offender with a house or other place that can be used for hiding, vehicles, ships, aircraft and other means of transportation, mobile phones and other means of communication, money, etc., and is convicted and punished for the crime of concealment.
The judicial interpretation also stipulates that if the guarantor assists the offender in escaping on guarantee while he or she is released on guarantee pending further investigation, or knows the hiding place and contact information of the offender, but refuses to provide it to the judicial organs, the guarantor shall be convicted and punished for the crime of harboring in accordance with the provisions of the Criminal Law. Although the perpetrator of the crime is provided with a hiding place or property, it is not for the purpose of helping the offender to escape, and the crime of concealment is not convicted and punished;
According to judicial interpretations, a person who knowingly committed a crime, in order to help him evade criminal prosecution or help him obtain a lenient punishment, deliberately substitutes the person who committed the crime to deceive the judicial organs, deliberately makes false statements to the judicial organs or provides false certificates, etc., in order to help him evade criminal prosecution, or to help him obtain a lenient punishment, so as to convict and punish him for the crime of concealment.
At the same time, the judicial interpretation also makes it clear that if another person is aware of a crime of espionage or a terrorist or extremist crime, and refuses to provide it when the judicial organ investigates the relevant circumstances and collects relevant evidence, and the circumstances are serious, he shall be convicted and punished for the crime of refusing to provide evidence of espionage, terrorist crime, or extremist crime in accordance with the provisions of article 311 of the Criminal Law;
The judicial interpretation stipulates six situations for the "serious circumstances" of harboring or harboring crimes, including those who are harbored or harbored and may be sentenced to life imprisonment or above; those who are harbored or harbored commit crimes endangering national security, terrorist or extremist crimes, or are organizers or leaders of crimes committed by organized crimes of a triad nature, and may be sentenced to fixed-term imprisonment of more than 10 years; those who are harbored or harbored are the ringleaders of a criminal group and may be sentenced to 10 years or more in prison; those who are harbored, The person who is harboring commits an intentional crime again during the period of harboring or harboring, and the new crime may be sentenced to five years or more imprisonment.
The judicial interpretation also stipulates that the determination of the crime of harboring or harboring is premised on the fact that the conduct of the person being harbored or shielded constitutes a crime. Where a person who has been harbored or shielded is declared innocent after being brought to justice, the perpetrator of the harbor or shield shall be declared innocent in accordance with legally prescribed procedures.
Source: Xinhua News Agency
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