A Study On The Limits And Concurrence Of Perjury And Concealment

In the articles of perjury and covering crime,the behavior mode of the two crimes is defined as“making(false)false proof”and the two crimes overlap in the subject of the crime.The theoretical research on perjury and the crime of concealment still focuses on the discussion of a single crime.The absence of theoretical research leads to the lack of correct guidance for the practical departments in judging cases,resulting in the phenomenon of different judgments in the same case.The subject of perjury should include “the victim” and “the person posing as a witness”.The criminal complaint law clearly stipulates that the victim’s statement belongs to verbal evidence,and the victim,as the object of the defendant’s infringement,shall be a witness in a broad sense,and his act of making false proof shall constitute perjury.The act of impersonating a witness affects the judicial organ’s judgment and investigation of the true situation of the case,which should constitute perjury.“The person who commits the crime” in the crime of concealment refers to the person who,as a criminal suspect,is listed as the object of investigation.The actor harbours a person who is eventually found not guilty by the court,which violates the legal interest protected by the crime of concealment and constitutes the crime of concealment.“The content of false proof”is the key to distinguish the two crimes.Perjury crime focuses on the concealment of the circumstances that have important relationship with the case,with the intention of influencing the judicial organ’s judgment of the facts and circumstances of the case.The crime of concealment focuses on the person of the suspect,so that the suspect is not found and captured by the investigation organ or the judicial organ.The person who impersonates the witness and the victim make false proof to be guilty of perjury.According to the behavior pattern of perjury,it can be divided into two types: “framing others”perjury and “concealing evidence”perjury.In the former case,it is only possible to commit perjury,while the perpetrator commits “concealed evidence perjury”and can be evaluated as “the act of falsely proving to the judicial organ,covering up the crime for the criminal,or helping the criminal conceal,destroy the evidence of crime,annihilate the traces of crime,so as to avoid legal sanctions”.At the same time,it constitutes the crime of perjury and the crime of concealment.At this time,the perpetrator who constitutes the crime of perjury and the crime of concealment shall be given a heavy punishment,and the judicial organ should make clear in the judgment that the behavior of the perpetrator constitutes both the crime of perjury and the crime of concealment.