Brothers value loyalty, but drunk driving leads to harboring
Compiled from: Jinan Huaiyin District People's Court
What legal consequences should one face for knowingly covering up a friend's drunk driving out of "loyalty," colluding with the friend to provide false statements to the public security authorities?
What legal consequences should one face for knowingly covering up a friend's drunk driving out of "loyalty," colluding with the friend to provide false statements to the public security authorities?
[1] Image source from the internet; if infringement occurs, please delete!
Case review
On the evening of July 2022, after drinking together at a dinner party, defendant Xiu and Liu drove with Liu at the wheel carrying Xiu. They switched positions midway, with Xiu taking over driving. Xiu then crashed into a central road barrier, causing vehicle damage and road barrier damage. Tests showed Xiu's blood alcohol content was 208mg/100ml, and Liu's was 194mg/100ml, both exceeding the drunk driving threshold (≥80mg/100ml). Knowing Liu had driven while intoxicated, Xiu intentionally provided false statements to the police twice to help Liu evade legal consequences, claiming he alone drove the vehicle and Liu did not, concealing Liu's drunk driving crime. Subsequent police investigation revealed the vehicle was driven alternately by Xiu and Liu, not solely by Xiu.
[1] Court Opinion
Huaiyin District Court found that defendant Xiu, driving a motor vehicle on the road while intoxicated, constituted the crime of dangerous driving. Knowing another person had committed a crime, Xiu provided false statements to help them evade criminal prosecution, constituting the crime of harboring. The public prosecution's charges were upheld. Xiu committed multiple crimes and was subject to combined punishment. With a blood alcohol content exceeding 200mg/100ml, Xiu would normally face heavier punishment, but given voluntary surrender, admission of guilt and acceptance of punishment, compensation for property losses, and obtaining forgiveness, the dangerous driving sentence could be mitigated. For the harboring crime, the sentence could also be mitigated due to admission of guilt and acceptance of punishment.
Ultimately, Huaiyin District Court, under Article 133-1, Paragraph 1, Item (2) and Article 310, Paragraph 1 of the Criminal Law of the People's Republic of China, sentenced defendant Xiu to one month of criminal detention for dangerous driving with a fine of 5,000 RMB, and one month and fifteen days of criminal detention for harboring, with a combined execution of two months of criminal detention and a fine of 5,000 RMB. The judgment has taken effect.
"Criminal Law of the People's Republic of China"
Article 133-1, Paragraph 1, Item (2)
Driving a motor vehicle on the road under any of the following circumstances shall be punishable by criminal detention and a fine:
Driving a motor vehicle while intoxicated.
[1] Article 310, Paragraph 1
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.
[1] The author's perspective
[2] In this case, the reason Xiu Mou is also guilty of harboring is because he actively fabricated false evidence to cover up the crime. Drunk driving itself is a criminal act, and helping others evade punishment for drunk driving is equally a criminal act. Moreover, knowingly assisting a criminal in fabricating false evidence to shield them is even more egregious in nature. We have always said that among countless roads, safety comes first; do not drink and drive, and do not drive after drinking. The public must fully recognize the seriousness and dangers of driving under the influence of alcohol, eliminate侥幸心理 and麻痹思想, enhance awareness of safe and civilized driving, and cultivate good travel habits such as not drinking before driving, walking after drinking, or calling a designated driver.
[1] Court Opinion
Huaiyin District Court found that defendant Xiu, driving a motor vehicle on the road while intoxicated, constituted the crime of dangerous driving. Knowing another person had committed a crime, Xiu provided false statements to help them evade criminal prosecution, constituting the crime of harboring. The public prosecution's charges were upheld. Xiu committed multiple crimes and was subject to combined punishment. With a blood alcohol content exceeding 200mg/100ml, Xiu would normally face heavier punishment, but given voluntary surrender, admission of guilt and acceptance of punishment, compensation for property losses, and obtaining forgiveness, the dangerous driving sentence could be mitigated. For the harboring crime, the sentence could also be mitigated due to admission of guilt and acceptance of punishment.
Ultimately, Huaiyin District Court, under Article 133-1, Paragraph 1, Item (2) and Article 310, Paragraph 1 of the Criminal Law of the People's Republic of China, sentenced defendant Xiu to one month of criminal detention for dangerous driving with a fine of 5,000 RMB, and one month and fifteen days of criminal detention for harboring, with a combined execution of two months of criminal detention and a fine of 5,000 RMB. The judgment has taken effect.
"Criminal Law of the People's Republic of China"
Article 133-1, Paragraph 1, Item (2)
Driving a motor vehicle on the road under any of the following circumstances shall be punishable by criminal detention and a fine:
Driving a motor vehicle while intoxicated.
[1] Article 310, Paragraph 1
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.
[1] The author's perspective
[2] In this case, the reason Xiu Mou is also guilty of harboring is because he actively fabricated false evidence to cover up the crime. Drunk driving itself is a criminal act, and helping others evade punishment for drunk driving is equally a criminal act. Moreover, knowingly assisting a criminal in fabricating false evidence to shield them is even more egregious in nature. We have always said that among countless roads, safety comes first; do not drink and drive, and do not drive after drinking. The public must fully recognize the seriousness and dangers of driving under the influence of alcohol, eliminate侥幸心理 and麻痹思想, enhance awareness of safe and civilized driving, and cultivate good travel habits such as not drinking before driving, walking after drinking, or calling a designated driver.
