Research On Judicial Application In The Crime Of Helping Criminals To Avoid Punishment

The main body of helping criminals to avoid punishment should be identified from " status" and " public affairs ".The object of this crime is the normal state authorities to suppress criminal activities.The "criminals" in this crime should be considered from the following aspects: Criminals mainly refers to those who have not yet been the people's court and determine the guilty suspects.Criminals includes the criminals that court have convicted and sentenced.Criminals are not the final people's court to determine the guilty of the elements.And the determination of the help behavior,as long as the criminals to escape the punishment and any means and means to help criminals to escape the punishment behavior.The "evasion of punishment" in this crime is to help the object of action to avoid criminal penalties,for administrative penalties,should not belong to the scope of this crime.This crime in the subjective manifestation of intent,that requires the perpetrator must be made for intentional.With regard to the recognition of the form of the crime,the accomplice of this crime is based on the purpose of helping the criminals to escape the punishment,to the criminals to implement the ventilation and messenger,to provide convenient behavior.As to whether the criminals to escape the criminal investigation,does not affect the establishment of this crime.In the practice of justice,the case is complex and varied,often appear this crime and some other crime cross-competing.Correctly deal with the crime of the crime should follow the principle of the principle of legality,the correct conviction and sentencing.This crime and harboring sin,harboring sin,favoritism,deliberately leaking state secrets,to help destroy,forgery evidence crime in the composition of a certain aspect or a few aspects of cross,should be properly identified.