Do you want to continue to encourage "putting righteousness above family interests"

At the recent "Fourth Forum of Criminal Defense Lawyers", deheng law offices lawyer Wang Zhaofeng and other practitioners called for "in the criminal field, we might as well consider establishing the principle of' anonymity and intimacy'."

According to the current laws of our country, relatives have no right to refuse to testify. If you don't report it, you may be investigated for criminal responsibility. Article 48 of the Criminal Procedure Law stipulates: "Anyone who knows the circumstances of a case has the obligation to testify. People who are physically or mentally handicapped or mentally incapable of distinguishing right from wrong and expressing correctly cannot be witnesses. " Recently, the Higher People's Court of Hebei Province issued the Detailed Rules for the Implementation of the Guiding Opinions on Sentencing of People's Courts (for Trial Implementation), which combined reporting by relatives with sentencing of criminal suspects. "If the relatives of the defendant report the defendant's crime, provide the defendant's hiding place or take judicial personnel to arrest the defendant, and there are other situations that assist the judicial organs in detecting cases and arresting the defendant, the defendant's benchmark punishment may be reduced by less than 20% as appropriate." This kind of encouragement, which conforms to the current legal concept, has been accused of violating the basic human ethics. Many people in academic and practical circles once again mentioned the "Tibetan relatives" system. Hou xinyi, deputy dean of Nankai University Law School, believes that the choice between putting righteousness above family members and concealing relatives is actually a different choice when personal feelings conflict with national interests. "Confucianism began to cultivate people's morality from the family, emphasizing the general ethical norms between father and son, husband and wife, brother and sister. It is this basic moral emotion that the' Tibetan pro' system maintains. " "Our current law advocates putting righteousness above family members and attaching importance to individual citizens' obligations and feelings towards the country." Hou xinyi said, but this should be based on the feelings of citizens for their families. "There is no need to sacrifice the family feelings and relatives of individual citizens in general criminal offences. "... In fact, the laws of many countries have a system of concealment, and relatives have the right to refuse to testify. Anglo-American law system stipulates that couples cannot be forced to make statements that are unfavorable to their spouses; The criminal codes of Germany and Japan in the civil law system stipulate that relatives and people with close ties within a certain range have the right to refuse to make statements against relatives, and harboring them can reduce or exempt punishment. In recent years, the academic community advocates that the principle of "relatives keep secrets from each other" can be partially implemented. For example, close relatives can not testify or report, and can remain silent about the inquiry of the investigation organ. However, there are also views that this will not be conducive to cracking down on crimes and increase the difficulty of solving crimes. Wang Zhaofeng believes that this reason is "just like we say that extorting a confession by torture is the lesser of two evils, and we cannot deny the feasibility of' hiding relatives' on this ground." "This is a sign that the investigation agency is not confident." Hou xinyi said, "If the close relatives kept silent, the case would not be solved? The investigation technology is changing with each passing day, and their silence should not be an obstacle to the detection of cases, nor should it be an excuse to deny concealing relatives. "