Law

In what cases is considered “Complicity” and “Concealment of Crime”?

GH June 19, 2025 08:06

Mr. Nguyen Van Binh, residing in Vinh city, asked: According to the law, what cases are considered "Accomplice" and "Concealing a crime"?

Reply

According toThe Ministry of Public Security in Article 17 of the Penal Code stipulates "Accomplice" as follows:

1. Complicity is a case where two or more people intentionally commit a crime together.

2. Organized crime is a form of complicity involving close collusion between those who commit the crime.

3. Accomplices include organizers, executors, instigators and helpers.

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Online mobile trial of Nghe An Provincial People's Court held in Long Son commune, Anh Son district. Illustrative photo: PV

The perpetrator is the person who directly commits the crime.

The organizer is the mastermind, leader, and commander of the crime.

An instigator is a person who incites, entices, or encourages another person to commit a crime.

An accomplice is someone who creates mental or material conditions for the commission of a crime.

4. An accomplice shall not be criminally liable for the excessive acts of the perpetrator.

Article 18 of the Penal Code stipulates "Concealment of crime" as follows:

1. Any person who, without prior promise, after knowing that a crime has been committed, conceals the criminal, traces, evidence of the crime, or commits other acts that hinder the detection, investigation, and handling of the criminal, shall be criminally responsible for the crime of concealing a crime in the cases prescribed by this Code.

2. A person who conceals a crime is the grandfather, grandmother, father, mother, child, grandchild, sibling, wife or husband of the offender and shall not be held criminally responsible as prescribed in Clause 1 of this Article, except in cases of concealing crimes against national security or other particularly serious crimes prescribed in Article 389 of this Code.

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In what cases is considered “Complicity” and “Concealment of Crime”?
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