Is it guilty to be with a suspect

If it is not a joint crime, or it is not a shield for a criminal suspect, it is not guilty of just being with a criminal suspect.

Article 25 of the Criminal Law of the People's Republic of China: [Concept of Joint Crime] Joint crime refers to two or more persons committing a joint intentional crime.

Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.

Article 310:[Crime of Harboring or Harboring] Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to shield him, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment.

Where the crimes in the preceding paragraph are committed and there is prior conspiracy, it is to be punished as a joint crime.

Knowing that he or she is a criminal suspect and being with him or her should be persuaded to turn himself in, such a group is not a crime; If they are not persuaded to turn themselves in, and they do not report and expose them, they are suspected of covering up, but they cannot be said to be guilty.

If you know that you are a criminal suspect and still return from outside, it constitutes a cover-up crime.

Article 310 of the Criminal Law: Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to shield him, is sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment.

Where the crimes in the preceding paragraph are committed and there is prior conspiracy, it is to be punished as a joint crime.

Was it brought back from a criminal act, and was it known?

If you don't know it, there is no problem, but you have to cooperate with the investigation of **.

If you know, there are some problems. Whether or not you are guilty depends on the circumstances.

See whether the perpetrator subjectively knows that the other party is a criminal suspect.

Article 310 of the Criminal Law: Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to shield him, is sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment.

Where the crimes in the preceding paragraph are committed and there is prior conspiracy, it is to be punished as a joint crime.

It depends on whether you know it or not.

Legal analysis: 1. The suspected crime means that the criminal suspect is suspected of committing a crime, but whether he is really guilty needs to be tried by the court. 2. The nature is different.

Unlike criminals, according to the principle of presumption of innocence, the criminal suspect is innocent and does not need to bear criminal responsibility unless proven guilty by trial. The offender is a criminal who has been judged by the court and needs to bear criminal responsibility. 3. The time node is different.

The title given by the criminal suspect before the procuratorate formally prosecuted him in court. However, when the people's court tries and pronounces a guilty verdict, the criminal suspect is found guilty and is called a criminal.

Legal basis: Article 12 of the Criminal Procedure Law of the People's Republic of China: The principle of conviction by the court is that no one shall be found guilty without a judgment made by the people's court in accordance with law.

Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings》 Article 1: Where a plaintiff initiates a lawsuit in a people's court or a defendant submits a counterclaim, it shall be accompanied by evidence materials that meet the requirements for initiating a lawsuit.

A suspect is not necessarily guilty. For example, in the investigation stage, the reason why the person who committed the crime is called a criminal suspect is because any person who is suspected of violating the Criminal Law, but has not yet been sentenced by the people's court in accordance with the law, is called a criminal suspect. Whether or not guilty can only be determined by the judgment of the people's court in accordance with law.

Except for the people's courts, no State organ or individual has the right to determine a person's guilt. One of the basic principles of China's Criminal Procedure Law is the principle of presumption of innocence, which simply means that anyone should be deemed innocent until proven and convicted, and if he cannot be proven guilty during the trial, he should be deemed innocent. Legal basis:

Article 12 of the Criminal Procedure Law of the People's Republic of China: No one may be found guilty without a judgment made by a people's court in accordance with law.

As long as there is no evidence to prove the facts of the crime, then you do not have to bear criminal responsibility, which is handled according to the circumstances of the case. A criminal suspect, also known as a suspect, a suspect, or a suspect, refers to the designation given to a person who has been criminally prosecuted for a suspected crime before the procuratorate formally prosecutes him or her to the court. Unlike criminals, criminal suspects are innocent according to the principle of presumption of innocence, unless they are confirmed guilty by a judgment of the adjudication body.

What are the conditions for proving the guilt of a criminal suspect?

Crimes, analyzed from the perspective of constitutive elements, all have four elements: the subject of the crime, the subjective aspect of the crime, the objective aspect of the crime, and the object of the crime.

Article 3 of the People's Procuratorate's Quality Standards for Examination of Arrests.

In any of the following circumstances, it is not "evidence to prove the facts of a crime":

1) The facts proved by the evidence do not constitute a crime;

2) There is only a confession of the criminal suspect's guilt, but there is no other evidence to corroborate it;

3) There are major contradictions between the primary evidence proving the criminal suspect's guilt and innocence, and it is difficult to exclude;

4) In cases of joint crimes, there are major contradictions in the confessions of the co-defendants, and there is no other evidence to prove that the criminal suspects committed the joint criminal conduct;

5) There is no direct evidence, and the circumstantial evidence cannot corroborate each other;

6) Among the evidence proving a crime, after the criminal suspect's confession obtained by torture or other illegal means, or the witness testimony or victim statement obtained by violence, threats, or other illegal means, is excluded in accordance with law, the remaining evidence is insufficient to prove the facts of the crime;

7) There is evidence that is insufficient to prove the subjective elements of the crime;

8) Although there is evidence to prove that a crime has occurred, there is no evidence to prove that the criminal suspect committed the crime;

9) Other circumstances where the facts of a crime cannot be proved.

To sum up the above, the criminal suspect can only represent the fact that the party may have committed a crime, and there is no actual evidence to prove it, so it is not necessarily guilty to be called a criminal suspect, so it is necessary to combine the actual situation when dealing with it, and the way of handling different cases will be different.

Legal basis: People's Procuratorate Review of Arrest Quality Standards

Article 23.

Where after a criminal suspect who meets the requirements for arrest is approved for arrest in accordance with law, the case is withdrawn, a decision is made not to prosecute, or a judgment of acquittal is terminated because the evidence does not meet the standards for initiating a public prosecution or making a guilty verdict, or new facts or evidence that should not be pursued, or new provisions in laws or judicial interpretations are not considered to be a crime, or because the criminal suspect has made meritorious contributions, sincerely admits guilt and repentance, and actively compensated for losses, and has obtained the victim's forgiveness, and is given a lenient disposition in accordance with law; It is not a wrongful arrest.