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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court en banc Decision 2025Do11170 Decided June 18, 2026 【Aiding and Abetting the Harboring of a Criminal; Violation of the Road Traffic Act (Driving under the Influence)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] In a case where a criminal offender aids and abets another person who makes a false confession for the sake of the offender who committed a crime punishable by fine or heavier punishment, whether the crime of aiding and abetting the harboring of an offender is established by deeming it as an abuse of the right to defense (affirmative) Whether the current jurisprudence of the Supreme Court is effective and should be maintained (affirmative) [2] In a case where: (a) the Defendant caused a traffic accident while driving under the influence, with his friend Party A sitting next to him; (b) when Party A, the passenger, suggested to the Defendant that he would claim to be the driver, the Defendant consented and moved to the rear row of the vehicle, enabling Party A to move into the driver’s seat, thereby creating an appearance that Party A was the driver; (c) the Defendant called the insurance company and said, “Party A drove,” and Party A testified to the police officer who came to the scene upon report that he was the driver and submitted to a breathalyzer test; and (d) the Defendant was indicted on the charge of aiding and abetting Party A who harbored the Defendant, the case holding that: (a) the Defendant facilitated Party A, for the Defendant’s sake, to make a false statement to the police officer that Party A was the driver and obstructed the discovery of a true perpetrator who committed a violation of the Road Traffic Act (Driving under the Influence); (b) in so doing, the Defendant gave rise to a risk of profoundly impeding the operation of criminal justice; and (c) the Defendant’s aiding and abetting is an abuse of the right to defense and constitutes the crime of aiding and abetting the harboring of an offender | |
