2. Different targets: the former crime is dereliction of duty, and the latter crime is obstruction of justice;

3. Different methods: the former crime is to provide false evidence to the judicial organs to cover it up, and the latter crime is to help criminals escape punishment by providing information or providing convenience.

Criminal law of the people's Republic of China

Article 310 Crime of harboring or sheltering?

Whoever knowingly provides a criminal with a hiding place or property, helps him escape or perjures, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Whoever commits the crime mentioned in the preceding paragraph and conspires in advance shall be punished as an accomplice.

417th crime of helping criminals escape punishment

State functionaries who have the duty to stop criminal activities and provide information and convenience to criminals to help them escape punishment shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Extended data:

case analysis

Defendant Huang Chunhai worked as an inspector in the inspection detachment of Jing 'an Branch of Shanghai Tobacco Monopoly Bureau (hereinafter referred to as the inspection detachment) from September 2006 to June 2007.

In the process of performing the duty of banning the sale of counterfeit cigarettes, the deployment arrangement of the inspection detachment for surprise inspection of the sale of counterfeit cigarettes was leaked to Cai Qingde, the operator of Qingqing Non-staple Food Store, No.479 Jiaozhou Road, Shanghai (the case was handled separately and a judgment was made), so that Cai Qingde's criminal act of selling counterfeit tobacco products could escape punishment.

In addition, since June 2004 165438+ 10, Huang Chunhai and Cai Qingde have successively sold more than 200 counterfeit Chinese cigarettes to relatives and friends of Mao and Huang Chunhai, with a sales amount of more than 86,000 yuan.

To sum up, Huang Chunhai's behavior has violated the provisions of Articles 417 and 214 of the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law), which constitutes the crime of helping criminals evade punishment and selling goods with counterfeit registered trademarks, and requests that their criminal responsibility be investigated according to law.

1. Defendant Huang Chunhai meets the subject status of helping criminals escape punishment.

First of all, Jing 'an Branch of Shanghai Tobacco Monopoly Bureau is a legally established organization to manage the tobacco monopoly market within its jurisdiction. Although it is a public institution, it is entrusted by the relevant administrative organs of the state to exercise administrative law enforcement rights such as inspection of tobacco monopoly markets and investigation of tobacco monopoly violations within its jurisdiction.

According to the provisions of the first paragraph of Article 18 and the first paragraph of Article 19 of the Administrative Punishment Law of the People's Republic of China, administrative organs entrust legally established organizations to implement administrative punishment in accordance with laws and regulations.

According to the above provisions, combined with the legal person certificate of Jing 'an Branch of Shanghai Tobacco Monopoly Bureau, it can be confirmed that Jing 'an Branch of Shanghai Tobacco Monopoly Bureau is an organization entrusted by the relevant state administrative organs to exercise the administrative law enforcement power to inspect and investigate tobacco monopoly violations on behalf of the relevant state organs according to law.

According to the National People's Congress Standing Committee (NPCSC)'s Interpretation on the Application of the Subject of the Crime of Dereliction of Duty in Chapter IX of the Criminal Law of People's Republic of China (PRC), people who are engaged in public service in organizations that exercise state administrative functions and powers in accordance with laws and regulations.

Or a person engaged in public service in an organization entrusted by a state organ to exercise its functions and powers on behalf of the state organ, or a person engaged in public service in a state organ although not included in the establishment of the state organ, neglects his duties while exercising his functions and powers on behalf of the state organ, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of dereliction of duty.

In this case, the defendant Huang Chunhai is an inspector of the inspection detachment, affiliated to Jing 'an Branch of Shanghai Tobacco Monopoly Bureau, specifically responsible for inspecting and investigating the illegal activities in the tobacco monopoly market within its jurisdiction. Therefore, it can be concluded that Huang Chunhai is a public official in an organization entrusted by the state organs to exercise their functions and powers on their behalf. When Huang Chunhai exercises his functions and powers on behalf of state organs, he should be regarded as a "staff member of state organs".

Secondly, according to the provisions of Article 417th of the Criminal Law, the crime of helping criminals escape punishment refers to the act of state functionaries who are responsible for banning criminal activities and providing information and convenience to criminals to help them escape punishment.

The "duty to stop criminal activities" stipulated in this article not only refers to the duty of criminal investigation, prosecution, trial and execution of punishment that judicial organs have according to law, but also includes the duty to stop criminal activities entrusted to relevant administrative organs by law.

Article 402 of the Criminal Law stipulates: "Any functionary of a political and legal organ who engages in malpractices for personal gain and fails to hand it over to a judicial organ for criminal responsibility shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention." If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "

The Provisions on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs promulgated by the State Council also clearly stipulates: "Administrative law enforcement personnel who practice favoritism and malpractice will not transfer those who should be transferred to judicial organs for criminal responsibility. If the circumstances are serious, criminal responsibility shall be investigated. "

Accordingly, if an administrative organ finds a suspected crime in administrative law enforcement, it shall hand it over to the judicial organ for criminal responsibility according to law, which is the statutory duty of the administrative organ to prohibit criminal activities.

The Supreme People's Procuratorate's Provisions on Filing Standards for Crimes of Dereliction of Duty and Infringement also defines the subject of the crime of helping criminals escape punishment as "the staff of judicial and public security, national security, customs, taxation and other state organs responsible for banning criminal activities".

In this case, Jing 'an Branch of Shanghai Tobacco Monopoly Bureau accepted the entrustment of relevant state administrative organs, and exercised administrative law enforcement powers such as inspecting tobacco monopoly market and investigating tobacco monopoly violations on behalf of relevant state organs.

The inspection detachment where the defendant Huang Chunhai is located belongs to Jing 'an Branch of Shanghai Tobacco Monopoly Bureau, which is specifically responsible for inspecting and investigating illegal activities in the tobacco monopoly market within its jurisdiction.

According to the provisions of Article 29 of the Provisions of the State Tobacco Monopoly Bureau on the Administrative Punishment Procedure of Tobacco Monopoly, if it is found that the illegal act in violation of the provisions of tobacco monopoly constitutes a crime, the relevant staff shall transfer the case to judicial organs for handling according to law.

Accordingly, when discovering criminal activities, the staff of the Tobacco Monopoly Bureau must collect and sort out relevant evidence materials and hand over the case to the judicial organs for handling, which is the obligation of the Tobacco Monopoly Bureau and its staff to prohibit criminal activities. Huang Chunhai, as an inspector of the inspection detachment, has this responsibility.

To sum up, the defendant Huang Chunhai's defense argument that Huang Chunhai is not qualified to help criminals escape punishment cannot be established and will not be adopted.

Second, the defendant Huang Chunhai committed a criminal act to help criminals escape punishment.

According to the facts of this case, during his tenure as inspector of the inspection detachment, the defendant Huang Chunhai repeatedly leaked the deployment arrangements for the surprise inspection of the inspection detachment to Cai Qingde, causing Cai Qingde to evade inspection and punishment for his criminal act of selling counterfeit registered trademark cigarettes many times. The above-mentioned behavior of Huang Chunhai belongs to the crime of helping criminals escape punishment.

Three, the defendant Huang Chunhai's behavior should be combined with the crime of helping criminals escape punishment and the crime of selling counterfeit registered trademarks.

Defendant Huang Chunhai repeatedly introduced others to buy more than 200 Chinese cigarettes with counterfeit registered trademarks from Cai Qingde, with a sales amount of more than 86,000 yuan, and then shared profits with Cai Qingde. Huang Chunhai's above-mentioned behavior belongs to the crime of selling goods with counterfeit registered trademarks.

Although the defendants Huang Chunhai and Cai Qingde * * * sold Chinese cigarettes with counterfeit registered trademarks, this did not affect their behavior of informing Cai Qingde, which constituted the crime of helping criminals escape punishment. Huang Chunhai tipped off Cai Qingde. Although he had the subjective purpose of preventing his crimes from being exposed, he could not deny that he had the purpose of helping Cai Qingde escape criminal punishment.

Defender Huang Chunhai's defense argument that "Huang Chunhai tipped off Cai Qingde in order to avoid punishment should be punished as the crime of selling goods with counterfeit registered trademarks" cannot be established and will not be adopted.

To sum up, the defendant Huang Chunhai, as an inspector of the inspection detachment, has the obligation to ban the crime of selling cigarettes with counterfeit registered trademarks, but he colluded with criminals selling goods with counterfeit registered trademarks and committed the crime of selling goods with counterfeit registered trademarks, and told criminals to help criminals escape punishment.

Their actions constitute the crime of selling goods with counterfeit registered trademarks and the crime of helping criminals escape punishment respectively. According to the law, several crimes should be combined with punishment. Huang Chunhai voluntarily confessed all the criminal facts when his unit investigated him, and he could surrender himself and be given a lighter punishment according to law. The defender's defense opinion that Huang Chunhai has surrendered himself and can be given a lighter punishment according to law should be adopted.

Huang Chunhai and Cai Qingde have basically the same role in the crime of * * * *, and distinguish between ownerless and accessory, which should be punished according to law.

Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law