【裁判要旨】在审判强奸犯罪等存在被害人的刑事案件过程中,时常发生被害人因收受被告人及其家属的财物等原因而随意改变陈述的情形。如果被害人是出于包庇的目的,情节严重的,应认定被害人构成包庇罪,同时应当继续追究被告人的刑事责任。如果被害人是出于捏造事实诬告陷害他人,意图使他人受刑事追究,情节严重的,应认定被害人构成诬告陷害罪。 In the trial of rape crime and other criminal cases of victims, there are often cases where the victim arbitrarily changes the statement because of receiving the defendant and his family’s property. If the victim is for the purpose of sheltering, if the circumstances are serious, the victim shall be found guilty of embezzlement and the criminal responsibility of the defendant shall continue to be investigated. If the victim accused of fraudulently assaulting others for the purpose of fabricating the facts and attempting to cause others to be held criminally responsible and the circumstances are serious, the victim should be found guilty of false accusation.