Loyalty among friends is precious, but harboring and shielding criminals is unacceptable

Compiled from: Jufa, Haicheng District People's Court
 
Case review
On August 17, 2019, Yu, without obtaining a motor vehicle driver's license, drove a small passenger vehicle carrying his colleagues Sun and Wang, and collided with a two-wheeled electric vehicle driven by Song traveling in the opposite direction, resulting in a road traffic accident that caused Song to be injured and both vehicles to be damaged to varying degrees.

 
 

After the accident occurred, Yu called 120 and, together with Wang, transported Song to Beihai People's Hospital for emergency treatment. Song subsequently died despite rescue efforts. After traffic police arrived at the hospital, Yu instructed Sun to impersonate the driver of the vehicle involved in the accident and submit to police investigation. Sun, fully aware that Yu did not have a driver's license and that Yu was the actual person responsible for the accident, nonetheless provided false testimony to shield and harbor him.
 
 
[1] Relevant laws and regulations
The Criminal Law of the People's Republic of China "
Article 310: Crime of harboring or covering up
Whoever knowingly provides a hiding place, property, or assists in escape or gives false testimony to cover up a criminal shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance; if the circumstances are serious, the sentence shall be fixed-term imprisonment of not less than three years and not more than ten years.
Whoever commits the crime in the preceding paragraph with prior collusion shall be punished as a joint crime.
 
 
[1] Court Opinion
After trial, the court found that the charges of the crime of covering up brought by the public prosecution against the defendant Sun were established. The defendant Sun had mitigating circumstances such as voluntary surrender and admission of guilt and acceptance of punishment. The court accordingly sentenced the defendant Sun to seven months' fixed-term imprisonment.
 
 
[1] The author's perspective
In this case, Yu, who drove without a license and caused a traffic accident, should bear responsibility for unlicensed driving and causing a traffic accident. However, Sun, knowing that Yu was unlicensed and had caused the accident, still covered up the truth for him and even impersonated him to take the blame for the crime. This was done intentionally, satisfying the subjective element of the crime of harboring.

 
 

Objectively, Sun, in order to help Yu escape punishment, impersonated him and took the blame for the crime. This act obstructed the normal criminal proceedings of the judicial authorities, hindering the progress of the criminal process, and thus satisfied the objective element of the crime of harboring.
 
It is worth noting that "loyalty" should not be blind and impulsive. Such "loyalty" not only obstructs the normal operation of judicial proceedings and gives criminals a chance to catch their breath, but also wastes judicial resources and increases judicial costs. Such behavior is not only unreasonable but also disregards the law. The law is sacred and inviolable, and any violation will inevitably come at a heavy price.