First, how to sentence the crime of harboring?
Article 310 Whoever knowingly provides a criminal with a hiding place or property to help him escape or commit perjury to cover up 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.
Article 362 Personnel of hotels, catering services, cultural entertainment, taxis, etc. who tip off criminals when the public security organs investigate and deal with prostitution and whoring activities, if the circumstances are serious, shall be convicted and punished in accordance with the provisions of Article 310 of this Law.
Second, the constitutive elements of the crime of harboring:
(A) the object elements
The object of this crime is the normal criminal litigation activities of judicial organs. The object of crime is all kinds of people who constitute a crime according to the criminal law.
(b) objective factors
The objective aspect of this crime is the act of harboring and shielding criminals. The crime of harboring refers to the act of providing criminals with hiding places and property to help them escape. The characteristic of this behavior is that it is impossible or difficult for judicial organs to find criminals. Therefore, in addition to providing hiding places and property, it is also an act to help criminals escape by informing them that they are being investigated or pursued and providing them with cosmetics. In the process of judicial pursuit, if the actor pretends to be a criminal for some special reason, asks the judicial organ to surrender or has other acts to make the judicial organ mistake himself for the original criminal, it should also be considered as this crime. Shelter should be limited to providing false certificates to judicial organs and sheltering criminals. A criminal who harbors or harbors refers to a person who has committed a criminal act, including both criminals who abscond after committing a crime and criminals who have escaped from the custody of judicial organs and have not yet been sentenced or convicted.
(3) Main elements
The subject is a natural person who has reached the age of 16 and has criminal responsibility.
(4) Subjective factors
Subjectively, this crime must be intentional, that is, knowing that it is a criminal and carrying out the act of harboring and shielding. Knowing clearly refers to people who realize that they are harboring and shielding crimes. Of course, this crime was established when he knew he was a criminal when he began to cover up or cover up; If you don't know that you are a criminal when you start harboring or harboring, but you continue to harbor or harbor after discovering that the other party is a criminal, it is also a crime.
According to the provisions of this article, personnel of hotels, catering services, cultural and entertainment industries, taxi industries and other units, when the public security organs investigate and deal with prostitution and whoring activities, tipped off criminals, and if the circumstances are serious, they shall be punished as this crime.
According to Article 3 10 of the Criminal Law, anyone who knowingly harbors or shields the other party 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.
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Extended reading:
How to determine whether it constitutes a crime of harboring?
What is the limitation of prosecution for the crime of shielding?
Is it okay to pay for the crime of sheltering without detention?