Legal subjectivity:

Impersonation is an unethical behavior and sometimes even violates criminal law provisions. What criminal crimes may be committed by impersonation? Cases of impersonation often occur in criminal traffic accident cases. Some of the impostors are witnesses in the same car. Impersonation often involves two crimes: perjury and cover-up. The crime of perjury stipulated in Article 305 of the Criminal Law means that in criminal proceedings, witnesses, appraisers, recorders, and translators intentionally make false certifications, appraisals, records, and translations of circumstances that are important to the case. Behavior intended to frame others or conceal criminal evidence. The crime of concealment stipulated in Article 310 of the Criminal Law refers to a person who knows that he is a criminal and gives false evidence to the judicial authorities to cover up his crime, or helps him to annihilate the traces of his crime, hide or destroy the evidence of his crime, so that he can evade legal sanctions. Behavior. 2. Situations in which impersonation constitutes two crimes (1) The crime of perjury and the crime of concealment are both intentional crimes, and both have the purpose of helping criminals cover up their crimes and evade legal sanctions. The difference is: 1. The crime of concealment is a general subject, which can be any person with the ability to be criminally responsible; the crime of perjury is a special subject, limited to witnesses, appraisers, recorders, and translators. 2. The objects protected by the crime of shielding can be either criminal suspects who have not been detained, arrested and brought to justice and absconded in fear of crime after committing the crime, or pending criminals and convicted criminals who have been detained or detained in accordance with the law and escaped; the criminal suspects shielded by the crime of perjury The objects can only be persons pending in criminal proceedings. 3. The crime of harboring can occur before the criminal is investigated and tried, or during the investigation, prosecution, trial, or while serving his sentence after the verdict; the crime of perjury can only occur in criminal proceedings, that is, during investigation, prosecution, During the trial. (2) Cases of false pretenses are objectively manifested as deliberately giving false evidence to cover criminals, with the purpose of helping criminals evade legal sanctions. Such cases are only convicted and punished for the crime of cover-up. In fact, the crime of cover-up is not distinguished and the crime of cover-up is confused. and perjury. In specific judicial practice, we should distinguish the subjects of this type of crime and see whether the criminal subject has the identity of a witness. If it is a witness, appraiser, recorder, or translator who assumes his/her name, he or she will be charged with perjury; if it is an ordinary subject, he or she will be charged with cover-up. (3) The key to distinguishing the two crimes is to distinguish from the subject, whether he has the identity of a witness. The number of witnesses in each criminal case is limited, and they are limited to people who know the circumstances of the case before the criminal proceedings. It does not include people who do not know the circumstances of the case, or who only learn about the case through litigation during the proceedings. The second is to distinguish from the object of proof. The witness's intentional false testimony is aimed at the circumstances that are important to the case, that is, the circumstances that have a significant impact on the handling of the case. In other words, it has a direct impact on determining whether a crime is constituted, what crime is committed, and the severity of the sentence. The relevant circumstances, that is, the circumstances of the crime and the circumstances of the sentencing, include the circumstances of the criminal subject, the subjective aspects of the crime, the objective aspects of the crime and various circumstances that affect sentencing (4) Cases of false pretenses often occur in criminal traffic accident cases. Some of the impostors were witnesses in the same car, some were relatives and friends, with different motives. This seriously disrupted the normal criminal proceedings of the judicial organs and should be investigated and dealt with in accordance with the law. In judicial practice, cases of false accusations are often punished with the crime of cover-up. I think it is not accurate enough. If a witness falsely accuses a crime, he should be charged with perjury. How to distinguish the boundaries between the crime of cover-up and the crime of perjury is the basis for accurate crackdowns. Once you violate the law, you must bravely bear your own responsibilities. Blindly evading responsibility will not only increase your own punishment, but may also cause trouble to those around you. Legal objectivity:

Article 280-2 of the Criminal Law of the People's Republic of China: Stealing or impersonating another person's identity, substituting other people's higher education admission qualifications, civil servant recruitment qualifications, and employment Those who receive resettlement treatment shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be fined. Anyone who organizes or instructs others to commit the acts mentioned in the preceding paragraph shall be severely punished in accordance with the provisions of the preceding paragraph. If a state functionary commits the acts in the preceding two paragraphs and constitutes other crimes, he shall be punished in accordance with the provisions of concurrent punishment for several crimes.