Concealment of the Accused Between Permissibility and Criminalization

Abstract

Concealing a suspect is a complex issue in criminal jurisprudence and positive law, where ethical and legal aspects intersect, sparking widespread debate about its permissibility or criminalization. On the one hand, concealment is viewed as an act stemming from emotional, familial, or social ties, such as withholding information about a crime committed by a relative or friend. This may be justified by principles of compassion or preserving social unity, especially in cases of minor offenses. This research, employing a comparative analytical approach, concludes that concealing a suspect is permissible under Islamic law and secular law in cases involving close relatives (such as spouses, ascendants, and descendants), provided the crime is not serious enough to threaten public security, as seen in Islamic jurisprudence and some comparative legal systems. Concealment is also considered an independent crime that obstructs the course of justice in most positive laws, with penalties including imprisonment, except in family-related exceptions justified by the need to preserve family unity.

Under most legal systems, covering up a crime is considered a distinct offense that obstructs the course of justice and carries penalties—including imprisonment—except in cases involving family members, where such actions are excused to preserve family unity. Legislative disparities between nations reflect cultural differences: Islamic countries tend to allow for conditional exceptions, whereas Western nations generally criminalize such concealment outright, barring limited circumstances. Because covering up crimes undermines public confidence in the judicial system and fosters impunity—particularly regarding organized crime—raising public awareness about the dangers of this practice is essential.