What constitutes "accomplice" and "concealing a crime"?
Mr. Nguyen Van Binh, residing in Vinh City, asks: According to the law, what circumstances are considered "accomplice" and "concealing a crime"?
Reply
According toThe Ministry of Public Security, in Article 17 of the Penal Code, defines "accomplice" as follows:
1. Accomplice refers to a situation where two or more people intentionally act together to commit a crime.
2. Organized crime is a form of complicity involving close collaboration between individuals who jointly commit a crime.
3. Accomplices include the organizer, the perpetrator, the instigator, and the helper.
The perpetrator is the person who directly commits the crime.
The organizer is the mastermind, the leader, and the commander of the crime's execution.
An instigator is someone who incites, entices, or encourages others to commit a crime.
An accomplice is someone who provides moral or material support for the commission of a crime.
4. An accomplice is not criminally liable for the excessive actions of the perpetrator.
Article 18 of the Criminal Code stipulates the following regarding "Concealing a crime":
1. Any person who, without prior agreement, but after becoming aware of a crime being committed, conceals the perpetrator, traces, or evidence of the crime, or otherwise obstructs the detection, investigation, or prosecution of the perpetrator, shall be held criminally liable for the crime of concealing a crime in the cases stipulated in this Code.
2. Persons who conceal a crime and are the grandparents, parents, children, grandchildren, siblings, spouse, or partner of the perpetrator shall not be held criminally liable under the provisions of Clause 1 of this Article, except in cases of concealing crimes against national security or other particularly serious crimes as stipulated in Article 389 of this Code.
