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在司法实践中,单位主管人员、机动车辆所有人、承包人或者乘车人在交通肇事后,指使肇事者逃逸的情况时有发生,社会影响恶劣,但当案件中的被害人并非是因得不到救助而死亡的情形出现时,往往对指使逃逸者未予追究刑事责任。本文认为,即使被害人不是因得不到救助而死亡,也应因行为人指使肇事者逃逸,破坏肇事现场证据,妄图帮助肇事者逃避法律追究而认定为帮助毁灭证据罪。
In judicial practice, when the head of the unit, the owner of a motor vehicle, the contractor or the driver of a vehicle instructs the perpetrator to escape after a traffic accident, the social impact has been harsh, but when the victim in the case is not due to no reason In the event of the death of a bailout, criminal responsibility is often not found on the person who instructed the escape. This article argues that even if the victim dies not without assistance, he should also be found guilty of helping to destroy the evidence because the perpetrator instructed the perpetrator to escape and destroy the evidence on the scene of the incident, in an attempt to help the perpetrator escape the lawsuit.