帮助毁灭证据罪的司法认定—贺某某等帮助毁灭证据案分析-judicial confirmation of the crime of helping to destroy evidence - analysis of cases of helping to destroy evidence such as he so - and - so.docx

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2018-06-28 发布于上海
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帮助毁灭证据罪的司法认定—贺某某等帮助毁灭证据案分析-judicial confirmation of the crime of helping to destroy evidence - analysis of cases of helping to destroy evidence such as he so - and - so.docx

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帮助毁灭证据罪的司法认定—贺某某等帮助毁灭证据案分析-judicial confirmation of the crime of helping to destroy evidence - analysis of cases of helping to destroy evidence such as he so - and - so

The crime of helping to destroy evidence is a new crime of 1997 criminal law amendment. It is to help the parties to destroy evidence, if the circumstances are serious behavior. The establishment of this crime provides a powerful legal protection for timely and effectively striking crime and maintaining public order. However, Because of the ambiguity of legislation and by the traditional criminal theory, in judicial practice, how to correctly understand the crime of helping to destroy evidence, especially for the acts of helping the criminal litigant destroy and forge evidence exactly constitute a crime of shielding or the crime of helping to destroy evidence is a difficult and often cause controversial issue in judicial practice. In this paper, the writer use a case of the crime of helping to destroy evidence to discuss the controversial issues related to the process of cognizance of the crime of falsifying evidence . The full text is divided into five parts:The first part is the name of case : the cited case states details of a case that the people, Luo Jing, Qin Jianguo, Jiang Hong helped to destroy the evidence.The second part introduces basic situation of the cited case.The third part is the focus of controversy. The focus of controversy in this case is the case of qualitative problem. The defendants conduct is constituted crime of shielding or the crime of helping to destroy evidence at all .The fourth part elaborated the main disagreements in the process of trial: the prosecution of the case holds that, the action of helping the suspect making the criminal evidence to change transformation belongs to shield, and shield behavior is included for helping criminals escape legal punishment and help him destroy incriminating evidence, therefore it is suspected to constitute the crime of shielding; And the judicial trial institution insists that it is suspected to constitute the crime of helping to destroy the evidence. After the establishment of the crime of helpin