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 a valid motor vehicle driver's license, drove a small passenger vehicle carrying colleagues Sun and Wang, colliding with an oncoming two-wheeled electric vehicle driven by Song, resulting in Song's injury and varying degrees of damage to both vehicles.

 
 

After the accident, Yu called 120 and, together with Wang, sent Song to Beihai People's Hospital for emergency treatment, but Song later died despite rescue efforts. When traffic police arrived at the hospital, Yu instructed Sun to impersonate the driver of the accident vehicle for police investigation. Sun, knowing that Yu had no driver's license and was the actual perpetrator, still provided false testimony to cover for him.
 
 
[1] Relevant laws and regulations
《 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.
 
The author reminds that sometimes "loyalty" should not be blind impulsiveness. This kind of "loyalty" not only hinders the normal operation of judicial procedures, giving criminals a chance to breathe, 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; once violated, heavy consequences will inevitably follow.