论文部分内容阅读
吴律师:2005年10月25日晚9时许,武某无证驾驶一辆轿车,将行人柳某当场撞死后,即逃离现场。交警部门经侦查,得知是武某所为。但当时乘坐在车上的秦某等3人,由于碍于朋友情面,加之认为无人知道事实真相,遂根据事先与武某商定的攻守同盟,一致否认是武某,并声称当天下午三点至晚上十二点多钟,4人一直在一起打麻将。真相败露后,对武某无证驾驶、致人死亡并逃逸的行为构成交通肇事罪并无异议。但有人认为,秦某等3人虽其明知武某的行为构成犯罪,为了使其逃避公安机关的侦查而作假证明,当属于包庇,鉴于武某的罪行不是很大,故尚不构成犯罪。这种观点对吗?读者:吴琼
Wu lawyer: October 25, 2005 9 o’clock in the evening, Wu driving a car without a license, will be pedestrian Ryou killed on the spot, that is, flee the scene. Traffic police department after investigation, that is Wu as. However, when taking a car on the Qin and other 3 people, due to the obsession with friends, coupled with the fact that no one knew the truth, then according to Wu and agreed in advance the offensive and defensive alliance, unanimously denied Wu, and claimed the same day afternoon Point to twelve o’clock in the evening, four people have been playing mahjong together. After the truth was revealed, there was no objection to the crime of causing a traffic accident against Wu Wu driving without a license, causing death and escaping. However, some people think that while 3 people, including Qin Mou, clearly know that the acts of Wu constitute a crime, in order to make it evade the investigation of the public security organs, the decertification belongs to harboring and because Wu is not guilty of a great crime, it does not constitute a crime. Is this view correct?