Legal search report for the crime of covering up traffic accidents

Legal search report on the crime of harboring traffic accidents

1. Search target

On the legal issue of covering up the crime of traffic accidents

2. Search databases

Peking University Magic Weapon, Wolters Kluwer First, China Judgment Network, National People's Congress "China Laws and Regulations Information System", and the laws and regulations library of the official website of the State Council

3. Search reference date

March 29, 2024

Fourth, key words

Traffic accident crime Harboring crime

5. Laws, regulations and rules

(1) Law

Criminal Law of the People's Republic of China

Article 310 [Crime of Harboring or Harboring] Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to shield him, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

　　Where the crimes in the preceding paragraph are committed and there is prior conspiracy, it is to be punished as a joint crime.

(2) Judicial interpretations

Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Harbouring or Harboring (Fa Shi [2021] No. 16)

Article 2: Where a person who clearly knows that he has committed a crime commits any of the following conduct in order to help them evade criminal prosecution or to help them obtain a lenient punishment, they shall be convicted and punished as the crime of harboring in accordance with the provisions of the first paragraph of Criminal Law article 310:

　　(1) Intentionally deceiving the judicial organs by substituting the person who committed the crime;

　　(2) Intentionally making false statements or providing false evidence to the judicial organs to prove that the person who committed the crime did not commit the criminal act, or that the conduct carried out by the person who committed the crime did not constitute a crime;

　　(3) Intentionally providing false evidence to the judicial organs to prove that the person who committed the crime has legally-prescribed mitigating, mitigating, or exempting circumstances;

　　(4) Other acts of falsifying evidence and covering up.

Article 4: In any of the following circumstances, harboring or harboring a criminal person shall be found to have "serious circumstances" as provided for in the first paragraph of Criminal Law article 310:

　　(1) The person who was harbored or shielded might be sentenced to a sentence of indefinite imprisonment or higher;

　　(2) Where a person harbored or abetted has committed a crime endangering national security, terrorism, or extremism, or is an organizer or leader of an underworld criminal organization crime, and might be sentenced to 10 years imprisonment or more;

　　(3) The person being harbored or shielded is the ringleader of a criminal group and might be sentenced to 10 years imprisonment or more;

　　(4) The person who was harbored or abetted commits another intentional crime during the period of being harbored or abetted, and the new crime might be sentenced to 5 years imprisonment or more;

　　(5) Harboring or harboring persons who have committed crimes multiple times, or harboring or harboring multiple persons who have committed crimes;

　　(6) Other situations where the circumstances are serious.

　　"May be sentenced" as used in the preceding paragraph refers to a punishment that shall be given in accordance with law on the basis of the crimes committed by the person who was harbored or shielded, without considering lenient circumstances such as voluntary surrender, meritorious service, and admitting guilt and accepting punishment.

Article 5: The determination of "clear knowledge" as provided for in the first paragraph of Criminal Law article 310 shall be based on the objective facts of the case, combined with the perpetrator's cognitive ability, the circumstances of contact with the offender who was harbored or shielded, as well as subjective and objective factors such as the perpetrator and the offender's confession.

　　Where the perpetrator mistakenly believes that the crime committed by the perpetrator of the crime is another crime, it does not impact the determination of "knowingly" as provided for in the first paragraph of Criminal Law article 310.

　　Where the perpetrator has carried out acts such as providing a hiding place or property, but the available evidence cannot prove that the perpetrator knew that the perpetrator committed the crime, it cannot be found to be "knowingly" as provided for in the first paragraph of Criminal Law article 310.

Attached: Relevant cases

Facts alleged by the procuratorate: On October 6, 2014, Xiao Moumou (sentenced) drove a heavy-duty tank truck with the license plate "Lingyu" brand with the license plate Sichuan AXX**, and drove along the city's Puyang trunk road from the direction of the Second Ring Road to the direction of Puyang Town. At about 15 o'clock, when the vehicle turned right at the entrance of the gas station in the Economic Development Zone, it collided with the two-wheeled motorcycle driven by the victim Wang Moumou, who was going straight on the non-motorized lane of the road. After the case occurred, the defendant Liu XX was invited by Xiao XX to arrive at the scene by telephone, and in order to help Xiao XX evade criminal responsibility, he pretended to be the driver of the vehicle that caused the accident and surrendered to the traffic police brigade of the Dujiangyan City Public Security Bureau, and gave false testimony that he drove to cause a traffic accident, which was later discovered by the police. After defendant Liu XX arrived at the case, he truthfully confessed the facts of the crime described above.

The core viewpoint of the adjudication: Xiao XX's violation of traffic and transportation management regulations, causing the death of one person, has constituted the crime of causing a traffic accident, and the defendant Liu XX clearly knew that Xiao XX was a criminal and gave false testimony to the public security organs to shield it, and this conduct constituted the crime of harboring and should be punished in accordance with law. The facts of the crime alleged by the Dujiangyan City People's Procuratorate that defendant Liu XX committed the crime of harboring are clear, the evidence is credible and sufficient, and the charges are established, and this court supports it. Defendant Liu XX truthfully confessed the facts of his crime after being brought into the case, which is a confession, and may be given a lighter punishment in accordance with law. In view of the fact that this case has not caused serious consequences, Xiao XX has also received corresponding criminal punishment, and the defendant Liu XX is a first-time offender, and a suspended sentence may be applied to him.

Verdict result: Defendant Liu XX committed the crime of harboring. (The probationary period of probation is calculated from the date on which the judgment is determined.) ）

Facts alleged by the procuratorate: The People's Procuratorate of Chengdu High-tech Industrial Development Zone alleged that on the evening of August 9, 2018, Fu Huabing (elsewhere) and his friends drank beer while having dinner near the Global Center of Chengdu High-tech Zone. At about 1:40 a.m. on August 10, 2018, Fu Huabing drove a Zhejiang J××××× Land Tiger off-road vehicle along the main road of Tianfu Avenue into the city to the section near Yintai Center. Fu Huabing failed to fulfill his duty of observation and care, and collided with the oversized electric bicycle driven by Tang in front of him, causing Tang to die on the spot. According to the public security traffic management department, Fu Huabing bears the primary responsibility for the accident, and Tang bears secondary responsibility.

After the accident, Xu Xiaoxia rushed to the scene after receiving a phone call from her husband Fu Huabing. During the investigation by the public security organs, Xu Xiaoxia lied that she was the driver of the vehicle that caused the accident. After that, the public security organs filed a case against Xu Xiaoxia for the crime of causing a traffic accident and transferred her for review and prosecution. In the process of reviewing and prosecuting, the procuratorate discovered suspicious points in the case and conducted further examination of Xu Xiaoxia and Fu Huabing, but the two refused to confess and continued to conceal the truth.

On March 8, 2019, after Xu Xiaoxia was arrested, Fu Huabing and Xu Xiaoxia successively confessed that Fu Huabing was the real driver of the vehicle that caused the accident and the main facts that Xu Xiaoxia had shielded.

The core point of the adjudication: The defendant Xu Xiaoxia clearly knew that she was a criminal and gave false evidence to cover up for her, and her conduct constituted the crime of harboring. When sentencing, consider: 1. The defendant confesses his crime and may be given a lighter punishment in accordance with law. 2. The defendant is a first-time offender and has shown remorse, and a lighter punishment is to be given at discretion. Combined with other sentencing circumstances such as the identity relationship and family circumstances in the case, comprehensive sentencing is to be conducted. This court finds that the circumstances of the defendant's crime are relatively minor, he has shown remorse, there is no danger of recidivism, and the application of a suspended sentence has no major adverse impact on the community in which he lives.

Verdict: Defendant Xu Xiaoxia committed the crime of harboring and was sentenced to one year and six months imprisonment with a two-year probation. (The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.) ）

Facts alleged by the procuratorate: The People's Procuratorate of Pengzhou City, Sichuan Province, charged the defendant Song Fanghua with the crime of harboring in the Peng Procuratorate Public Prosecution Criminal Prosecution [2018] No. 427 indictment, and filed a public prosecution with this court on August 16, 2018, and appointed procurator Sang Zonglin to appear in court to support the prosecution. The public prosecution alleges that on August 18, 2015, Zhou (sentenced) drove a car in a traffic accident at the intersection of Jinpeng Middle Road and Huayuan in Tianpeng Town, this city. Later, Zhou and defendants Song Fanghua, Jia and others conspired with Jia to replace Zhou, and defendant Song Fanghua still insisted that it was the vehicle driven by Jia when he was investigated by the public security organs several times. Later, when the defendant Song Fanghua was investigated by the public security organs after knowing that the public security organs had filed a case for investigation of Zhou's traffic accident, he still insisted: On August 18, 2015, the driver of the traffic accident that caused serious injuries at the intersection of Jinpeng Middle Road and Huayuan Road in Tianpeng Town, this city was Jia, with the intention of making the real criminal suspect Zhou escape legal punishment.

The core viewpoint of the adjudication: This court believes that the defendant Song Fanghua clearly knew that Zhou had committed the crime of causing a traffic accident and gave false evidence to cover up, and his conduct complied with the provisions of Article 310 of the Criminal Law of the People's Republic of China and constituted the crime of harboring, and the facts and charges of the public prosecution's accusation that the defendant Song Fanghua committed the crime of harboring are established, and this court supports it. Defendant Song Fanghua truthfully confessed the facts of his crime after arriving at the case, and voluntarily pleaded guilty in court, and this court is to give a lighter punishment as appropriate. This court adopts the defendant's defender's defense opinion that the defendant has a good attitude in admitting guilt and that the first-time offender is an occasional offender and is consistent with the facts ascertained at trial.

Verdict: Defendant Song Fanghua committed the crime of harboring and was sentenced to one year of controlled release. (The term of the controlled sentence is calculated from the date of execution of the sentence.) ）

Basic facts of the case: At 7:23 on March 26, 2018, Xu Shi Moulin (already sentenced) drove an "Audi" car with license plate Sichuan A×××××3 out of the courtyard of No. 141, Section 3, Jinhua Road, Jinjiang District, Chengdu, without obtaining a motor vehicle driver's license, and knocked down Yan Moumou, a sanitation worker working on the sidewalk in front of the vehicle, and Yan Moumou was injured. After the accident, Shi Moulin dialed 120 and informed his father-in-law, Xia Mouzhang (elsewhere), Xia Mouzhang and the defendant Xia Maolin (Xia Mouzhang's younger brother), and then arrived at the scene. After the ambulance arrived, Xia Maolin drove the Sichuan A×××××3 car to follow the ambulance Yan Moumou to Sichuan Friendship Hospital, and then conspired with his wife and defendants Feng Zhiqiong, Xia Mouzhang and neighbor Fu Mouli (elsewhere), and the four of them falsely proved to the traffic police that the person who caused the accident by driving that day was Feng Zhiqiong, Yan Moumou died at 8:37 on March 26, 2018 due to ineffective rescue. On May 9, 2018, after the traffic police discovered that Feng Zhiqiong was suspected of topping, they notified the defendants Feng Zhiqiong, Xia Maolin, Xia Mouzhang, and Fu Mouli to inquire again, and the four admitted the fact of conspiracy to top the bag. On September 29, 2018, Shi Moulin was sentenced to one year and six months in prison by the Jinjiang District People's Court of Chengdu City for committing the crime of causing a traffic accident.

This court also ascertained that on September 20, 2016, defendant Xia Maolin was sentenced to seven months imprisonment, suspended for one year, and fined 5,000 yuan for the crime of covering up and concealing criminal proceeds, and was released from community corrections on October 8, 2017

The core viewpoint of the adjudication: This court holds that defendants Xia Maolin and Feng Zhiqiong clearly knew that they were the perpetrators of the crime and gave false testimony to shield them, and their conduct constituted the crime of harboring, and they should be sentenced to up to three years imprisonment, short-term detention or controlled release in accordance with law. The basic facts of the public prosecution's indictment alleging that defendants Xia Maolin and Feng Zhiqiong committed the crime of harboring are clear, the evidence is credible and sufficient, and the charges are established, and this court supports them. The defendants Xia Maolin and Feng Zhiqiong in this case committed ordinary joint crimes, and it is not appropriate to distinguish between principal and accessory, and should be sentenced separately on the basis of their respective crimes. The two defendants voluntarily surrendered and truthfully confessed their crimes, and they surrendered voluntarily, and their punishment may be mitigated or commuted. Defendant Xia Maolin has a criminal record of obstructing justice, and this court is to consider it at its discretion when sentencing. The public prosecution's sentencing recommendation that defendant Xia Maolin be sentenced to one month's short-term detention and that defendant Feng Zhiqiong be sentenced to one month's short-term detention with a two-month suspended sentence is reasonable and appropriate, and this court has adopted it.

Verdict result: 1. Defendant Xia Maolin committed the crime of harboring and was sentenced to one month's short-term detention. (The term of imprisonment is calculated from the date of execution of the sentence.) Where a judgment is made before a judgment is made, the sentence is to be reduced by one day for each day of detention. ）

2. Defendant Feng Zhiqiong committed the crime of harboring and was sentenced to one month's short-term detention with a two-month suspended sentence. (The probationary period of probation is calculated from the date on which the judgment is determined.) ）

Facts alleged by the procuratorate: At about 7 a.m. on September 20, 2018, the defendant Lin Guangjian drove the Sichuan A ××××× small ordinary passenger car (leased in May 2018) leased by him and the defendant Tang Tingzhong (without a driver's license) without a license, carrying Tang Tingzhong (sitting in the co-pilot) and defendant Zhang Xiaoqiong (sitting in the back row), from the direction of Caochi Town, High-tech East District, Chengdu, along the construction road of the first section of the airport to Sancha Town. When he drove to the section of Sanyucun Road, Freight Avenue, High-tech East District, Chengdu, he collided with the Sichuan A ××××× electric bicycle driven by the victim Fu, who was driving in the same direction as him. Tang Tingzhong immediately got out of the car to inspect the situation, and after Lin Guangjian heard that he had hit someone, he climbed from the driver's seat to the back seat in the car without parking the small ordinary passenger car. Tang Tingzhong tried to block the vehicle from moving forward, but failed, Fu was run over by the vehicle, and died on the same day after being sent to the hospital for rescue. Lin Guangjian and Tang Tingzhong abandoned the car and fled the scene. After the accident, Lin Guangjian's girlfriend Luo Houyan (with a driver's license) took a vehicle from Chengdu to Chengdu High-tech East District and joined Lin Guangjian, Tang Tingzhong, and Zhang Xiaoqiong. On the morning of the incident, Luo Houyan "surrendered" to the public security organs, falsely claiming that he was the driver of the vehicle that caused the accident. During this period, Luo Houyan, Lin Guangjian, Tang Tingzhong, and Zhang Xiaoqiong formed an offensive and defensive alliance to deal with the investigation work of the public security organs.

On September 27, 2018, Tang Tingzhong and Zhang Xiaoqiong lied to the public security organs that the driver of the vehicle causing the accident was Luo Houyan, and then shielded Lin Guangjian's criminal acts. Later, the public security organs discovered through investigation that Luo Houyan, Tang Tingzhong, and Zhang Xiaoqiong were suspected of harboring Lin Guangjian, so on October 6 of the same year, they filed a case for investigation of Lin Guangjian's suspected traffic accident; on November 2 of the same year, the public security organs revoked the case of Luo Houyan suspected of causing a traffic accident in accordance with the law, and on the same day, Luo Houyan, Tang Tingzhong, and Zhang Xiaoqiong were suspected of harboring a case for investigation.

According to the public security organs, Lin Guangjian bears full responsibility for the occurrence of the accident.

On September 27, 2018, the public security organs summoned Lin Guangjian to the case, on November 12 and 14 of the same year, Zhang Xiaoqiong and Tang Tingzhong surrendered to the public security organs, and on November 30 of the same year, the public security organs summoned Luo Houyan to the case.

Since the incident, Lin Guangjian has compensated the victim's relatives with 20,000 yuan.

The core viewpoint of the adjudication: This court holds that the defendant Lin Guangjian violated traffic and transportation management regulations by driving a motor vehicle on the road without driving qualifications, and a major traffic accident occurred, resulting in the death of one person and assuming full responsibility for the accident, and that his conduct constituted the crime of causing a traffic accident, and that Lin Guangjian escaped after the traffic accident, and should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years in accordance with law; Zhang Xiaoqiong clearly knew that Lin Guangjian was a criminal, but still made false testimony in the public security organs, shielded Lin Guangjian's conduct, and obstructed judicial order, and her conduct constituted the crime of harboring, and should be sentenced to up to three years imprisonment, short-term detention, or controlled release in accordance with law. The crime of harboring in this case was a joint crime, and the defendants Tang Tingzhong, Luo Houyan, and Zhang Xiaoqiong had roughly the same status and role in the crime, so no distinction was made between principal and accessory offenders, and Luo Houyan was considered to be relatively more active in sentencing and was given a discretionary heavier punishment. In sentencing, this court also took into account: 1. Defendants Tang Tingzhong and Zhang Xiaoqiong surrendered voluntarily and may be given a lighter or commuted punishment; 2. Although defendants Lin Guangjian and Luo Houyan did not have the circumstances of voluntary surrender, they were able to truthfully confess the main facts of the crime after being brought into the case, and may be given a lighter punishment; 3. The four defendants were all first-time offenders, and a lighter punishment was given at their discretion. This court finds that the circumstances of the crimes committed by defendants Tang Tingzhong, Luo Houyan, and Zhang Xiaoqiong were relatively minor, they showed remorse, there was no risk of recidivism, and the application of suspended sentences had no major adverse impact on the communities in which they lived.

Verdict Result: 1. Defendant Lin Guangjian committed the crime of causing a traffic accident and was sentenced to four years and six months imprisonment.

(The term of imprisonment is calculated from the date of execution of the sentence.) Where a person is detained before the judgment is enforced, the sentence is to be reduced by one day for each day of detention, that is, from October 13, 2018 to March 28, 2023. )

2. Defendant Luo Houyan committed the crime of harboring and was sentenced to one year and six months imprisonment with a two-year suspended sentence.

(The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.) ）

3. Defendant Tang Tingzhong committed the crime of harboring and was sentenced to one year imprisonment with a two-year probation.

(The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.) ）

4. Defendant Zhang Xiaoqiong committed the crime of harboring and was sentenced to one year imprisonment with a two-year probation.

(The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.) ）

Facts alleged by the procuratorate: At about 23:15 on January 17, 2020, the defendant Luo Gen drove a Sichuan A ××××× small car and took the defendant Luo Fen from the direction of Jiangyou City to Hanzeng Town, Jiangyou City, and went to the 252KM+500M section of National Highway 347 and collided with the Sichuan B ××××× over-standard electric vehicle driven by Wei XX, causing damage to the vehicle and Wei XX dying on the spot. After the accident, Rogan and Luo Fen in the passenger seat swapped seats and Luo Fen drove away, and then Rogan instructed Luo Fen to return to the scene to replace him, and when he was seized, Luo Fen confessed to the police that he was driving a Sichuan A ××××× small car and had a traffic accident. It was determined that Rogan bore full responsibility for the accident, and Wei XX was not responsible. After identification, Wei XX died of combined cephalothorax injury. After the case was discovered, the defendant compensated the victim's family and obtained forgiveness. The public prosecution held that the defendant Rogan violated traffic laws and regulations, resulting in a major traffic accident and caused death, and that his conduct violated the provisions of Article 1 of the ""Traffic" and that he should be investigated for criminal responsibility for the crime of causing a traffic accident; Defendants Logan and Luo Fen truthfully confessed their crimes and may be given a lighter punishment. It is recommended that Rogan be sentenced to three years' imprisonment with a five-year probation, and that the defendant Lorence be sentenced to 10 months' imprisonment with a one-year probation.

The core point of the adjudication: Defendant Luo Gen violated traffic and transportation management regulations by driving a motor vehicle without a license, resulting in a major traffic accident, resulting in the death of one person, and fleeing after the accident, and his behavior has constituted the crime of causing a traffic accident. The prosecution convicted of the crime, and this court upheld it. Defendant Luo Fen clearly knew that Logan had caused death in a traffic accident and gave false testimony to cover up for him, and his conduct constituted the crime of harboring. The prosecution convicted of the crime, and this court upheld it. Defendants Luo Gen and Luo Fen truthfully confessed after being brought into the case, which was a confession and may be given a lighter punishment in accordance with law; the two defendants voluntarily admitted guilt and accepted punishment, and may be given a lenient punishment; and defendant Luo Gen actively made compensation and obtained forgiveness, and may be given a lighter punishment as appropriate. Defendant Luo Gen's defender's defense opinion that Luo Gen confessed, pleaded guilty and accepted punishment, and actively compensated and obtained forgiveness after the case occurred, and defendant Luo Fen's defense counsel submitted that defendant Luo Fen truthfully confessed after he was brought into the case, were consistent with the ascertained facts and were adopted. The public prosecution's sentencing recommendation for the two defendants is appropriate, and this court is to adopt it.

Verdict Result: 1. Defendant Logan committed the crime of causing a traffic accident and was sentenced to three years imprisonment with a five-year probation;

　　(The probationary period of probation is calculated from the date on which the judgment is determined.) ）

　　2. Defendant Luo Fen committed the crime of harboring and was sentenced to 10 months' imprisonment with a one-year probation.

　　(The probationary period of probation is calculated from the date on which the judgment is determined.) ）

After trial, the facts of the case were ascertained: At about 7 o'clock on April 30, 2018, the defendant Wang Jiang drove the Sichuan R××××× "Dongfeng Peugeot" small car to his wife, the defendant Rao Qingqiong and others, from the urban area of the city to Fuxing Township. When the vehicle drove to the vicinity of Gaokan Daoban, Hexi Town, Provincial Highway 206, in the process of preparing to make a U-turn, it collided with the Sichuan R××××× "Wang" two-wheeled electric vehicle driven by the victim Ji in the same direction, causing Ji to be slightly injured, and the electric vehicle passenger Lei Yongde was injured and died after being rescued by the hospital and the road traffic accident in which the two vehicles were damaged. The Traffic Police Brigade of the Langzhong Municipal Public Security Bureau determined that the defendant Wang Jiang bore full responsibility for the accident.

　　After the accident, at the instigation of defendant Wang Jiang, defendant Rao Qingqiong gave false testimony to the public security organ that he was driving a "Dongfeng Peugeot" small car in Sichuan R×××××.

　　At the same time, it was ascertained that on September 5, 2018, the defendant Wang Jiang voluntarily surrendered to the Langzhong City Public Security Bureau and truthfully confessed his crime.

　　It was also ascertained that on June 7, 2018, the defendant Rao Qingqiong reached a compensation agreement with the victim's relatives. At the same time, the victim's relatives issued a letter of understanding of criminal responsibility to the defendant Rao Qingqiong.

The core viewpoint of the adjudication: This court believes that the defendant Wang Jiang violated traffic and transportation management regulations, causing a traffic accident, causing one death and one minor injury, and bears full responsibility for the accident, and his conduct has constituted the crime of causing a traffic accident. After defendant Wang Jiang was involved in a traffic accident, he instructed defendant Rao Qingqiong to impersonate and give false testimony, and his conduct constituted the crime of obstructing testimony. Defendant Wang Jiang alone commits multiple crimes, and shall be punished concurrently for the multiple crimes. Defendant Rao Qingqiong clearly knew that defendant Wang Jiang was the person responsible for the traffic accident, but was still instructed by him to impersonate him in his own name, and his conduct constituted the crime of harboring. The public prosecution charged the defendant Wang Jiang with the crime of causing a traffic accident and obstructing testimony, and the defendant Rao Qingqiong was convicted of the crime of harboring, and the criminal responsibility of the two defendants should be pursued in accordance with law. After the case was discovered, the defendant Wang Jiang voluntarily surrendered and truthfully confessed his crimes, and he surrendered voluntarily, and his punishment may be mitigated or commuted. After the accident, the defendant Rao Qingqiong compensated the victim's relatives and obtained their forgiveness, and may be given a lighter punishment as appropriate. Defendants Wang Jiang and Rao Qingqiong had a better attitude in admitting guilt during the trial and showed remorse, and the two defendants may also be given lighter punishments as appropriate. Based on the facts, nature, and circumstances of the two defendants' crimes, and the degree of harm to society, this court decides to give the two defendants a lighter punishment and apply a suspended sentence.

Verdict:

1. Defendant Wang Jiang committed the crime of causing a traffic accident and was sentenced to one year imprisonment with a two-year suspended sentence, and was sentenced to one year imprisonment with a one-year suspended sentence for the crime of obstructing testimony. He was sentenced to one year and ten months in prison and given a three-year suspended sentence.

　　(The probationary period of probation is calculated from the date on which the judgment is determined)

　　2. Defendant Rao Qingqiong committed the crime of harboring and was sentenced to 10 months imprisonment with a one-year suspended sentence.

　　(The probationary period of probation is calculated from the date on which the judgment is determined)

Facts alleged by the procuratorate: At about 19:00 on December 16, 2018, Wu Mou1 drove a blue Chevrolet car with a license plate number of Sichuan V××××× and collided with an oncoming two-wheeled motorcycle in the Lude Tourism Fast Lane (Jinzhu Pharmaceutical Factory), causing serious injuries to the victim Li Moumou. Wu 1 then fled the scene by car. After driving the car to the side of the road in Zihe Village, Tianba Township, he called the defendant Wu Zhijun to inform him that he had fled the scene by hitting someone with his car. Subsequently, defendant Wu Zhijun took a taxi to Zihe Village to find Wu X 1. Wu Zhijun clearly knew that Wu X 1 was in a traffic hit-and-run, but still went to the public security organ to give a false testimony and falsely claimed that he was the perpetrator of the driving accident, trying to take responsibility for Wu X 1. Later, because the investigators were suspicious of his confession, after education, Wu Zhijun confessed to helping Wu X 1 make false proof.　Wu Zhijun was arrested by the police of the Traffic Police Brigade of the Luding County Public Security Bureau in Zihe Village, Tianba Township.　　

The indictment alleges that the defendant Wu Zhijun clearly knew that Wu X 1 was driving a motor vehicle and hit and escaped, but gave false evidence to cover him up, and that his conduct violated the criminal law, the facts of the crime were clear, and the evidence was credible and sufficient, and he should be investigated for criminal responsibility for the crime of harboring. Another: After defendant Wu Zhijun was brought into the case, he was able to truthfully confess the facts of the crime, which is a confession, and he may be given a lighter punishment. It is recommended that defendant Wu Zhijun be sentenced to between two and five months of criminal detention.

The court ascertained the facts through trial: After the trial, it was ascertained that at about 19:00 on December 16, 2018, Wu Mou1 drove a blue Chevrolet car with a license plate number of Sichuan V ××××× owned by the defendant Wu Zhijun in the Lude Tourist Fast Lane (Jinzhu Pharmaceutical Factory) and collided with an oncoming two-wheeled motorcycle (license plate number: Sichuan V×××××), and Wu Mou1 fled the scene by car. After Wu X 1 drove the car to the side of the road in Zihe Village, Tianba Township, and stopped, he called the defendant Wu Zhijun to inform him that he had fled the scene by hitting someone with his car, and the defendant Wu Zhijun then took a taxi (license plate number: Chuan V ×××××) to the side of the Zihe Village Highway to find Wu X 1, and drove the vehicle to the junction of the Tongcun Highway in Zihe Village and the Luding to Detuo Tourist Fast Track to stop, and the two discussed the matter of "top bag", which was later stopped by the traffic police. After the defendant Wu Zhijun went to the public security organ, he gave a false testimony and falsely claimed that he was the perpetrator of the driving accident, and tried to assume responsibility for Wu X 1. During the period of taking compulsory measures against him, the investigating organs discovered that the defendant Wu Zhijun had made false testimony for other criminals, so they notified him to appear in the case, and then the defendant Wu Zhijun confessed the fact that he was Wu X 1's "top bag".

　　After evaluation, the degree of injury caused by the traffic accident to the victim Li X 1 was grade 2 serious injury, and the disability level was assessed as grade 7 disability.

　　It was also ascertained that Wu X 1 was investigated on suspicion of the crime of causing a traffic accident and has now been prosecuted.

The core point of the adjudication: This court believes that the defendant Wu Zhijun clearly knew that Wu X 1 was driving a motor vehicle without a license and ran away after hitting someone, and after discussing the matter of "top bag" with Wu X 1, he made false testimony to cover up the offender's conduct during the investigation by the investigating organ in accordance with the law, with the purpose of making the person who truly committed the criminal act evade punishment, interfering with the judicial organ's handling of the case, and infringing on the judicial organ's normal criminal litigation activities. His conduct constituted the crime of abetment. The facts of the crime alleged by the public prosecution are clear, the evidence is credible and sufficient, and the charges are established. Therefore, the defendant Wu Zhijun's defense that "the reason why I paid the bag was because Wu X 1 had a family to take care of, not to let Wu X 1 evade legal responsibility" and the defender's defense stated that "the defendant Wu Zhijun's subjective motive was not to evade punishment, so his subjective malice was less and the harm to society was small." This court shall not adopt the opinion in accordance with law. In the course of defendant Wu Zhijun's false testimony to cover up the offender, after the investigating organs discovered that the defendant had made false testimony for other offenders during the period of taking corresponding compulsory measures, they notified him to come to the case, went through education, and presented evidence before he truthfully confessed that he had made false testimony to cover up other offenders, which is not a case that can be regarded as voluntary surrender...... During the period of judicial compulsory measures, take the initiative to confess to the enforcement organs criminal conduct that has not yet been grasped", but they truthfully state and meet the requirements of confession, and may be given a lighter punishment. Therefore, the defendant Wu Zhijun's defender, "the defendant Wu Zhijun has not yet been subjected to compulsory measures, and only surrendered to the traffic police brigade of the Luding County Public Security Bureau after receiving a notice from the police of the traffic police brigade of the Luding County Public Security Bureau, and truthfully confessed that he had taken the responsibility for the traffic accident on behalf of Wu X 1, and the circumstances of the crime were voluntarily surrendered, and the punishment may be mitigated or commuted in accordance with law." The defense opinion and the sentencing opinion requesting a suspended sentence are inconsistent with the facts ascertained in this case and do not meet the requirements of "the circumstances of the crime are relatively minor", and this court will not adopt them in accordance with law. The public prosecution's sentencing recommendation was appropriate, and defendant Wu Zhijun pleaded guilty and accepted punishment. In summary, on the basis of the principle of proportionality of criminal responsibility and punishment, as well as the facts, nature, circumstances, degree of harm to society, and attitude of defendant Wu Zhijun's crime, it is decided to give defendant Wu Zhijun a lighter punishment in accordance with law.

Verdict: Defendant Wu Zhijun committed the crime of harboring and was sentenced to four months' detention. (The term of imprisonment is calculated from the date of execution of the sentence.) Where a person is detained before the judgment is enforced, one day of the sentence is to be deducted for each day of detention, deducting the 14 days of previous detention, i.e., from July 4, 2019 to October 20, 2019).

The facts alleged by the Public Prosecutor's Office:

1. The facts of the crime caused by the traffic accident. On December 31, 2019, the defendant Zhang Zairong drove a small off-road passenger car No. W No. ××××× in Sichuan after being drunk and took Wang X 1 and Chen X from the direction of Xin'an Township, Huili County to Pulong Village, Pulong Township, Huili County, and at about 19:45, when the car drove to the village road of Group 1 of Xin'an Township, Huili County, it collided with an ordinary two-wheeled motorcycle No. E E No. ×××××2 driven by Li X 1 with drunk physical evidence in the opposite direction, causing a traffic accident in which Li X 1 was injured and the two vehicles were damaged. Later, Li Mou1 was rescued by the Second People's Hospital of Huili County and died on the same day. After blood testing, ethanol was detected in the blood sample of defendant Zhang Zairong with a content of 86.4mg/100ml, and ethanol was detected in the blood sample of the deceased Li X 1 with a content of 93.1mg/100ml. According to the determination of the accident responsibility of the Traffic Police Brigade of the Huili County Public Security Bureau, the defendant Zhang Zairong bears primary responsibility for the accident, and Li Mou1 bears secondary responsibility for the accident. On February 2, 2020, Zhang Zairong reached a compensation agreement with the relatives of the victim Li XX1, and the defendant Zhang Zairong compensated the victim's relatives for economic losses totaling RMB 400,000, and obtained the understanding of the victim's relatives.

　　2. Facts of the crime of obstructing testimony or shielding

　　At about 19:45 on December 31, 2019, after the defendant Zhang Zairong had a traffic accident on the village road in Group 1 of Xin'an Township, Huili County, in order to escape legal sanctions and obtain insurance claims, he called the defendant Li Kairong and asked Li Kairong to find someone to carry the bag for him. Defendant Li Kairong then found defendant Wang Chao, who had not been drinking, and asked him to help Zhang Zairong carry the bag, promising to thank him afterwards. At the repeated instigation of Li Kairong and Zhang Zairong, Wang Chao agreed to take the bag for Zhang Zairong, and in order to increase credibility, Zhang Zairong instructed Li XX2 to replace Chen, the actual passenger, and asked him to give false testimony. Li Kairong also instructed Wang Mou1 to make him also perjury. In order to achieve the unity of their testimony, Zhang Zairong, Li Kairong, Wang Chao, and others conspired together at the Jinhong Hotel in Lixi Town and the Yujin Inn in Huili County to deal with the investigation by the public security organs. After that, Wang Chao, Li Mou2, and Wang Mou1 knew that the traffic accident was caused by Zhang Zairong's drunken driving of a motor vehicle, but they still deliberately provided false testimony to the public security organs on several occasions, falsely claiming that Wang Chao was the driver of the vehicle that caused the accident. The Traffic Police Brigade of the Huili County Public Security Bureau found that there were many doubts in this case, and after multiple visits and investigations, it was discovered on February 19, 2020 that the defendant Wang Chao was carrying the bag for Zhang Zairong. In the face of a large amount of evidence, Zhang Zairong, Li Kairong, Wang Chao and others made truthful confessions.

　　The facts of the accusation are corroborated by evidence such as the case registration form and the process of entering the case, witness testimony, appraisal opinions, on-site inspection records and pictures, identification records and pictures, and the defendant's confession and justification.

　　The public prosecution believes that the defendant Zhang Zairong drove a motor vehicle while drunk, violating traffic and transportation management regulations, resulting in a traffic accident, resulting in the death of one person and the damage to two vehicles, and he bears the main responsibility for the accident. After the case was discovered, the defendant Zhang Zairong and Li Kairong instructed Wang Chaodingbao and several others to give false testimony, and their conduct had already violated the provisions of Article 1 and Article 1 of the "Regulations", and he should be investigated for criminal responsibility for the crimes of causing a traffic accident and obstructing testimony; Defendant Wang Chao clearly knew that defendant Zhang Zairong was driving a motor vehicle while drunk, resulting in a traffic accident that resulted in the death of one person, and in order to help Zhang Zairong evade legal punishment, he repeatedly provided false certificates to the public security organs, and his conduct had violated the provisions of Article 1 of the "Regulations" and should be investigated for criminal responsibility for the crime of harboring. After the case was discovered, defendant Zhang Zairong reached a civil compensation agreement with the victim's relatives, compensating a total of 400,000 yuan for losses, obtaining the forgiveness of the victims' relatives, and the three defendants voluntarily pleaded guilty and accepted punishment, and the three defendants may be given a lighter punishment as appropriate. Defendant Zhang Zairong committed the crime of causing a traffic accident and was sentenced to eight months imprisonment, and was sentenced to one year and eight months imprisonment for the crime of obstructing testimony. It is recommended that defendant Zhang Zairong be sentenced to two years and one month in prison; defendant Li Kairong is guilty of obstructing testimony and is sentenced to one year and eight months imprisonment with a two-year probation; and defendant Wang Chao is guilty of harboring and is sentenced to nine months imprisonment with a one-year probation.

The core viewpoint of the adjudication: This court holds that the defendant Zhang Zairong drove a motor vehicle while drunk, violating traffic and transportation management regulations, resulting in a traffic accident, resulting in the death of one person, and bearing the main responsibility for the accident, and his conduct has constituted the crime of causing a traffic accident; after the case was discovered, the defendant Zhang Zairong and Li Kairong conspired with Li Kairong to instruct Wang Chaodingbao and several others to give false testimony, and their conduct has constituted the crime of obstructing testimony; defendant Li Kairong clearly knew that Zhang Zairong was driving a motor vehicle while drunk, and thus a traffic accident occurred, resulting in the death of one person, and in order to help Zhang Zairong evade legal responsibility, he conspired with Zhang Zairong and then instructed others to give false testimony, obstructing the normal investigative activities of the public security organs, and his conduct has constituted the crime of obstructing testimonyDefendant Wang Chao clearly knew that defendant Zhang Zairong was driving a motor vehicle while drunk, and as a result, a traffic accident occurred, resulting in the death of one person, and in order to help Zhang Zairong evade legal punishment, he repeatedly provided false certificates to the public security organs, and his conduct constituted the crime of harboring; The defense counsel's defense opinion on defendant Li Kairong's accessory found that after the traffic accident in this case, Zhang Zairong contacted Li Kairong by phone to find someone to help him carry the bag, and Li Kairong then arranged for Wang Chao, and Li Kairong was in the same position as Zhang Zairong in obstructing testimony, and did not distinguish between principal and accessory offenders, and this defense opinion was not adopted; the rest of the defense opinions were consistent with the facts ascertained at trial and were adopted. After the case was discovered, the defendant Zhang Zairong compensated the victim for economic losses, obtained forgiveness, and may be given a lighter punishment as appropriate. The three defendants admit guilt in court and truthfully confess the facts of the crime, and may be given a lighter punishment. The public prosecution's sentencing recommendation is appropriate, and this court is to accept it.

Verdict results: 1. Defendant Zhang Zairong was sentenced to eight months' imprisonment for the crime of causing a traffic accident; he was sentenced to one year and eight months imprisonment for the crime of obstructing testimony; and two years and one month imprisonment was decided;

　　(The term of imprisonment is calculated from the date of execution of the sentence.) Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention. After the commutation, Zhang Zairong's sentence began on February 19, 2020, and ended on March 18, 2022. ）

　　2. Defendant Li Kairong committed the crime of obstructing testimony and was sentenced to one year and eight months imprisonment with a two-year suspended sentence;

　　3. Defendant Wang Chao committed the crime of harboring and was sentenced to nine months' imprisonment with a one-year suspended sentence.

　　(The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.) ）

The trial ascertained the facts: At about 22:40 on April 9, 2021, Guo Moujia drove a heavy dump truck No. 58XXX in Shaanxi F58XXX with a C1 driver's license (handled in a separate case) from Yangchun Town, Nanzheng District, Hanzhong City to Mianxian County, and the vehicle collided with pedestrian Chen Moujia when it reached the 11th group of road sections of Baima Village, Xinji Town, Nanzheng District, causing Chen Moujia to fall to the ground and be injured, and Guo Moujia abandoned the car and left the scene. After the passing driver called the police, Chen Moujia died after being rescued at the scene by the Nanzheng District People's Hospital.

At about 12 o'clock that night and at about 8 o'clock in the morning on April 10, Guo Moujia called Guo Moujia and asked Guo Mou (handled in a separate case) to find someone to help. Guo X then contacted defendant Wang X A by phone to explain the reason, and on the morning of April 10, he led Guo X A's wife Guo X B and his daughter and others to find Wang X A, and under the condition that Guo X B promised to give Wang X A a reward of 40,000 yuan, Wang X A took Guo X A and surrendered as a traffic accident driver on the same day, and confessed according to the incident told by Guo X A. In May and July 2021, Wang Moujia received remuneration from Guo Moujia's relatives and friends twice, totaling 20,000 yuan in cash.

On February 23, 2022, when the Nanzheng District People's Procuratorate summoned Wang Moujia for interrogation, Wang Moujia left on the grounds that the sentence was too heavy and needed to be considered after being informed by the staff of the possible punishment. After persuasion by the two, defendant Wang Moujia returned to the procuratorate and signed a plea affidavit witnessed by the duty lawyer.

In mid-March 2022, Wang Moujia called Guo several times to talk about remuneration. Guo informed Guo Moujia of this matter, and asked relevant personnel to discuss how to deal with follow-up issues in Guo's office on March 21, and Wang Moujia asked Guo Moujia for compensation on the topic of "others charge 180,000 yuan", because Guo Moujia was unable to bear it and persuaded others to no avail. After the People's Procuratorate of Nanzheng District, Hanzhong City, prosecuted the defendant Wang Moujia on suspicion of the crime of causing a traffic accident, on March 23, 2022, during the supplementary investigation by the public security, it was found that Guo Moujia was the real driver of the traffic accident, and when Wang Moujia was called again to the public security for interrogation, Wang Moujia truthfully confessed the fact of surrendering on behalf of Guo Moujia, and returned 20,000 yuan of illegal gains on May 30, 2022.

The core point of the adjudication: Defendant Wang X A clearly knew that Guo X A was a criminal person, and in order to help him evade legal prosecution, he deliberately surrendered to the judicial organs, made false confessions, and deceived the judicial organs, and his conduct violated the provisions of Article 310 of the Criminal Law of the People's Republic of China, constituting the crime of harboring. The facts that the public prosecution charged defendant Wang X A with the crime of harboring existed, and the charge was established. In view of the fact that defendant Wang X A was able to truthfully confess the facts of the crime during the public security supplemental investigation phase, avoiding the occurrence of more serious consequences, it may be found that it was a confession, and that he voluntarily admitted guilt and accepted punishment, signed a plea affidavit, and that defendant Wang X A may be given a lighter punishment in accordance with law; After entrusting a social investigation and assessment, Wang X A meets the actual circumstances for the application of a suspended sentence, and the defendant Wang X A is to be given a suspended sentence in accordance with law. The public prosecution's opinion recommending that defendant Wang X A be sentenced to one year and six months imprisonment and the defender's defense opinion that defendant Wang X A had confessed and voluntarily pleaded guilty and accepted punishment was a first-time offender, and that the defense opinion recommending the application of a suspended sentence was in line with the provisions of law and the actual circumstances of the case, and this court adopted it.

Verdict Result: 1. Defendant Wang X A committed the crime of harboring and was sentenced to one year and six months imprisonment with a two-year suspended sentence.

(The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.) ）

2. The 20,000 yuan of unlawful gains returned by defendant Wang X A are to be confiscated and turned over to the state treasury.

The source of the reprint is from the official account of lawyer Zhang Jinfeng, for reference only, if it is invaded or deleted, thank you