What is concealment?

What Does concealment Mean

It called cloaking to the act and the consequence of covering : hide something or prevent known. The notion is used in the field of law to refer to a criminal action that implies participation in a crime after its execution, helping to ensure that those responsible are not discovered .

The person doing the cover-up, therefore, is not the person committing the main offense . This is someone who, due to his conduct, hinders or prevents state action when investigating and punishing the act in question. It can be said that he who covers up the perpetrators of a crime, protects them .

Concealment is conduct tending to make the administration of justice impossible . For this figure to exist, a crime must first have been committed. If what is covered up is not a crime typified in the corresponding legal code, there is no concealment.
Suppose a young man knows that his neighbor committed a robbery . The boy offers asylum in his house to the offender and later, when summoned by the authorities to give testimony, he affirms that he does not know where the thief is, assuring that he has not seen him for a long time. In this case, a cover-up occurs .
On the other hand, if an individual lies in order not to report on a colleague who missed work with a made-up excuse, he or she does not incur a cover-up in the legal sense, since absent from work for no reason is not a crime.
It should be noted that in the cover-up there can be aggravating factors (depending on the seriousness of the crime or when the conduct is carried out for financial gain, for example), but also extenuating or extenuating circumstances (if a relative is covered up).
Criminal Law requires that the penalty imposed on a criminal be directly related to the seriousness of the crime he has committed, his personality and the circumstances surrounding the act. This can be included in the concept of individualization of the sentence , a process that allows to impose sanctions in a coherent way to different criminals, through a series of phases that allow them to be concretized without any of them receiving a less than adequate penalty.
There is, on the other hand, an exception to the rule, which can exempt an offender from the penalty , and it is concealment between relatives . This does not mean that the Penal Code does not recognize that it is a guilty, unlawful and typical action, but that there is a reason to "forgive", as it were, the subject. People exempt from the penalties that are usually imposed on cover-ups are those who have an emotional bond with the criminal, such as their spouse, parents, children and siblings, among other relatives.

Of course, this does not mean that in any case of concealment between relatives a penalty can be applied. On the contrary, those who cover up the person who committed the crime to benefit from the result will be sentenced, as well as those who have participated in the planning phase or have acted as accomplices. In other words, it is not the same for a father to try to protect his son by discovering that he has acted outside the law than to organize a robbery with him and then avoid being punished by the authorities.
It goes without saying that each person has a different point of view regarding the cover-up between relatives, because not everyone would act in the same way if they discovered that a relative had committed a crime: some would expose him, despite his sentimental bond, simply to respect the balance of society , while others would do their best to protect it.

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