Intentionally providing false evidence to judicial authorities to prove that a person committed a crime under circumstances legally warranting lighter, reduced, or exemption-from-punishment measures.
Handling the concealment or harboring of criminal cases
Legal Application Issues
Intentionally providing false testimony
Helping criminals secure lighter punishments
Convicted and punished for the crime of covering up
"The Interpretation" clearly stipulates ， Anyone who knowingly aids a person committing a crime by providing them with housing or other concealment spaces, supplying vehicles, boats, aircraft, or even communication tools like mobile phones, or offering financial assistance—any one of these actions—shall be convicted and punished for the crime of harboring, as stipulated in Article 310, Paragraph 1, of the Criminal Law. 。 The "Interpretation" specifically notes that providing shelter or hiding places, or concealing property for someone who has committed a crime—but not with the intent of helping them evade capture—is not grounds for conviction on charges of harboring. Meanwhile, individuals who fail to fulfill their statutory reporting obligations will be referred to the relevant authorities as required by law for administrative penalties.
When clarifying the criteria for criminalizing the crime of harboring, the "Interpretation" refines the specific methods of harboring behavior into three distinct scenarios, based on judicial practice. First, People who deliberately take the blame for a crime to deceive judicial authorities—that is, the commonly seen practice known as "taking the fall." Second, Intentionally making false statements to judicial authorities or providing false evidence to prove that the accused did not commit the crime, or that the actions taken by the accused do not constitute a criminal offense. Third, Intentionally providing false evidence to judicial authorities to prove that a person committed a crime under circumstances legally warranting lighter, reduced, or免除处罚 (exemption from punishment) measures.
Based on judicial practice and taking into account various factors—such as the nature of the crime committed by the person being harbored or shielded, the severity of the offense, the individual's potential danger to society, and the inherent social harm posed by the act of harboring or shielding itself— "The Interpretation" clarifies five scenarios that constitute "serious circumstances" for the crimes of harboring or shielding others, namely:
➤ Individuals who harbor or cover up such acts may face a sentence of life imprisonment or higher.
➤ Individuals who harbor or cover up perpetrators committing crimes endangering national security, terrorism, or extremism, or who are organizers or leaders of organized crime groups with triad-like characteristics—and who may face a prison sentence of 10 years or more;
➤ The person who harbors or covers up is a key member of the criminal organization and may face a prison sentence of 10 years or more.
➤ Individuals who harbor or shield others and, during the period of such harboring or shielding, commit another intentional crime—especially if the new offense carries a potential sentence of five years or more in prison;
➤ Individuals who have repeatedly harbored or covered up criminals, or those who have sheltered or protected multiple offenders.
The "Interpretation" also provides regulations on issues such as "knowing" in the crimes of harboring and shielding, as well as the determination of multiple offenses. Specifically, it clarifies that if someone assists the same criminal individual in evading criminal penalties by engaging in acts of harboring or shielding, while simultaneously committing money-laundering activities, concealing or disguising illegally obtained assets and their proceeds, helping to destroy evidence, or even providing false testimony, they shall be convicted under the more severe offense and subject to heavier punishment—without applying cumulative sentencing for multiple crimes.
Legal Interpretation [2021] No. 16
Supreme People's Court Supreme People's Procuratorate
Regarding the handling of harboring or shielding criminal cases
Interpretation of Several Issues Concerning Applicable Law
(Adopted at the 1794th Meeting of the Adjudication Committee of the Supreme People's Court on March 2, 2020, and at the 58th Meeting of the 13th Prosecutorial Committee of the Supreme People's Procuratorate on December 28, 2020; effective August 11, 2021)
To legally punish the acts of harboring or shielding criminals, and in accordance with relevant provisions of the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China, as well as practical considerations from judicial work, the following interpretations are provided regarding the application of laws in handling criminal cases involving harboring and shielding:
Article 1 Anyone who knowingly aids a criminal in evading capture by committing any of the following acts shall be convicted and punished for the crime of harboring, as stipulated in Article 310, Paragraph 1 of the Criminal Law.
(1) Providing housing or any other sheltering place to a person who has committed a crime;
(II) Providing vehicles, vessels, aircraft, or other means of transportation to individuals committing crimes, or supplying communication tools such as mobile phones;
(III) Providing money to individuals who commit crimes;
(IV) Other instances where individuals provide hiding places or financial resources to criminals, helping them evade capture.
If a guarantor assists a criminal suspect in fleeing while the suspect is out on bail pending trial, or knowingly provides judicial authorities with neither the suspect's hiding place nor contact information but refuses to disclose it, the guarantor shall be convicted and punished for harboring under Article 310, Paragraph 1, of the Criminal Law.
Although providing shelter or property to individuals committing crimes is not done with the intent of helping them evade capture, such actions will not be prosecuted as harboring a criminal. Meanwhile, individuals who fail to fulfill their legal reporting obligations will be referred to the relevant authorities for administrative penalties in accordance with the law.
Article 2 Anyone who knowingly aids a person committing a crime in evading criminal prosecution, or helps that person secure a more lenient punishment, and thereby commits any of the following acts, shall be convicted and punished for the crime of harboring, in accordance with Article 310, Paragraph 1 of the Criminal Law.
(1) Individuals who deliberately impersonate criminals to deceive judicial authorities;
(III) Intentionally providing false evidence to judicial authorities to prove that a criminal qualifies for statutory grounds for lighter, reduced, or免除 punishment;
Although the perpetrator engaged in acts such as providing hiding places or财物, the existing evidence does not prove that the perpetrator knew the person committing the crime was indeed involved in criminal activity. Therefore, the act cannot be classified as "knowing" under Article 310, Paragraph 1, of the Criminal Law.
(IV) Other acts of fabricating false evidence or providing cover-ups.
Article 3 Anyone who knowingly refuses to provide information when judicial authorities are investigating, gathering evidence, or probing into espionage-related crimes, terrorist activities, or extremist offenses—especially if the refusal is serious—will be convicted and punished under Article 311 of the Criminal Law for the crime of refusing to provide evidence related to espionage, terrorism, or extremism. Meanwhile, individuals who deliberately fabricate false testimony to shield such criminals will face harsher penalties under Article 310 of the Criminal Law for the crime of harboring offenders.
Article 4 Harboring or shielding individuals who have committed crimes shall be deemed to constitute "serious circumstances" as stipulated in Paragraph 1 of Article 310 of the Criminal Law if any of the following conditions apply:
(1) Individuals who harbor or cover up others may face a sentence of life imprisonment or higher;
(II) Individuals who harbor or shield perpetrators of crimes endangering national security, terrorism, or extremist activities, or who are organizers or leaders of organized crime groups with triad-like characteristics and may face a sentence of 10 years or more in prison;
(III) The person harbored or shielded is a key member of a criminal group and may face a prison sentence of 10 years or more;
(4) When the person being harbored or sheltered commits another intentional crime during the period of such harboring or sheltering, and the new offense carries a potential sentence of imprisonment for five years or more;
(5) Repeatedly harboring or shielding criminals, or sheltering or protecting multiple offenders;
(6) Other circumstances involving serious offenses.
The "penalty that may be imposed" mentioned in the preceding paragraph refers to the sentence that should be handed down according to law, based on the crimes committed by the person being harbored or sheltered—without taking into account any mitigating factors such as voluntary surrender, meritorious service, or plea bargaining and acceptance of punishment.
Article 5 The "knowing" referred to in Paragraph 1 of Article 310 of the Criminal Law shall be determined based on the objective facts of the case, taking into account the perpetrator's cognitive abilities, their level of contact with the person being harbored or shielded, and other subjective and objective factors, including the statements made by both the perpetrator and the offender.
If the perpetrator mistakenly believes that the crime committed by the offender is a different offense altogether, this does not affect the determination of "knowing" as stipulated in Paragraph 1 of Article 310 of the Criminal Law.
Although the perpetrator engaged in acts such as providing hiding places or财物, the existing evidence does not prove that the perpetrator knew the person committing the crime was indeed involved in criminal activity. Therefore, the act cannot be classified as "knowing" under Article 310, Paragraph 1, of the Criminal Law.
Article 6 The crime of harboring or shielding others is established only on the premise that the actions of the person being harbored or shielded already constitute a crime.
If the criminal acts committed by the person harbored or aided are clearly established, and the evidence is solid and sufficient, but that person has not yet been apprehended, legally tried, or, in cases where they lack criminal responsibility, not held criminally accountable under the law, this does not affect the determination of the crime of harboring or aiding. However, if the person who was harbored or aided is later acquitted after turning themselves in, the perpetrator of the act of harboring or aiding must also be declared innocent according to the proper legal procedures.
Article 7 Those who assist individuals involved in the same crime to evade criminal penalties—by engaging in acts of harboring or covering up, committing money-laundering, concealing or disguising illegally obtained assets and their proceeds, helping to destroy evidence, or providing false testimony—shall be convicted under the crime carrying the heavier penalty and subjected to a more severe punishment; multiple punishments will not be applied concurrently.
Article 8 Mutual acts of harboring or shielding committed between co-perpetrators are not punishable as the crimes of harboring or shielding. However, if such acts of harboring or shielding are directed toward individuals outside the group of co-perpetrators, those individuals will be punished for both the crime they originally committed and the separate offense of harboring or shielding.
Article 9 This interpretation takes effect from August 11, 2021.
Source: Supreme People's Procuratorate
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