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犯罪人在犯罪后为逃脱罪责而实施虚假的供述、逃匿以及毁灭、伪造证据、掩饰、隐瞒犯罪所得、犯罪所得收益等妨害司法的行为,客观上也妨害了司法秩序,但因缺乏适法行为的期待可能性,刑法才一般性地将本犯排除在本类罪的主体之外(本犯属于消极的责任身份)。从共同犯罪是违法形态的立场出发,本犯和第三人共同妨害司法的,应在违法层面上成立共同犯罪,但基于责任个别作用的原理,本犯因缺乏期待可能性而不以犯罪论处,对于第三人应以妨害司法犯罪的正犯或者共犯加以处罚。本犯的近亲属为使本犯逃脱罪责而妨害司法的,以及本犯为了逃避罪责而窝藏、包庇共犯人,帮助对方伪造、毁灭证据,或者阻止同案犯作供述或者指使同案犯作虚假供述、毁灭、伪造证据的,也不应以犯罪论处。
The guilty parties of the guilty of misdemeanor, escape and hide, forge evidence, cover up, conceal the proceeds of crime, proceeds of crime and other obstruction of justice act after guilty of crimes to escape evasion of guilt, but also obstruct the judicial order objectively, but due to the lack of lawful behavior The criminal law has generally excluded this criminal from the subject of this type of crime (this criminal belongs to the negative responsibility status). From the standpoint that the crime of common crime is illegal form, the common offense should be established at the illegal level by the principal and the third party, but based on the principle of individual responsibility, the criminal is not criminalized for lack of expectation , The third party should be punished with a guilty plea or co-perpetrator of criminal offense. The close relatives of the criminals obstruct the judiciary for escaping crimes and the prisoners hide and convict the prisoners in order to evade the guilt and help the other party to forge or destroy the evidence or prevent the accomplices from making confessions or to make the accomplices false statements or destruction, Forged evidence should not be criminalized.