Job Recruitment Website - Ranking of immigration countries - Criteria for filing the crime of harboring.
Criteria for filing the crime of harboring.
2. Having received administrative punishment for concealing or concealing the proceeds of crime and its proceeds within one year, and having concealed or concealed the proceeds of crime and its proceeds;
3. Concealing or concealing that the proceeds of crime are power equipment, transportation facilities, radio and television facilities, public telecommunication facilities, military facilities or funds and materials used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief.
Criteria for filing the crime of harboring:
1. Concealing or concealing the proceeds of crime and the income generated by it, with the value ranging from 3,000 yuan to 10,000 yuan;
2. Having received administrative punishment for concealing or concealing the proceeds of crime and its proceeds within one year, and having concealed or concealed the proceeds of crime and its proceeds;
3. Concealing or disguising the proceeds of crime as power equipment, transportation facilities, radio and television facilities, public telecommunication facilities, military facilities or disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief funds and materials;
4. Concealing or disguising makes it impossible to investigate and deal with upstream crimes in time, resulting in irreparable losses to public and private property;
5, the implementation of other acts of concealing and concealing the proceeds of crime and the income generated by it, which hinders the judicial organs from investigating the upstream crimes.
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
The difference between helping to believe in a crime and hiding what a crime has done.
There are six main differences between helping to believe in a crime and concealing a crime, as follows:
1, the behavior object is different. The object of helping trust crime is generalized cyber crime; The perpetrator who conceals or conceals the proceeds of crime aims at the stolen money and goods obtained from upstream crimes.
2. The behavior time is different. The crime of aiding trust occurs after the start of the upstream crime and before the completion of the act. Taking telecommunication network fraud as an example, the crime of helping the letter occurred before the upstream criminals had obtained the stolen money. However, the crime of concealing and concealing occurs after the completion of the upstream crime, that is, the corresponding criminal proceeds have been controlled by the upstream criminals.
3. Different behaviors. The crime of aiding trust is a necessary crime to help upstream crimes. Without the help of this person, the upstream crime cannot be completed, and it is not necessary for the upstream crime to cover up or conceal the proceeds of crime, that is, the actor is separated from covering up or concealing the proceeds of crime, which does not affect the completion of the upstream crime.
4. The understanding of the specific content of the predicate crime is different. The crime of helping the letter is limited to the general understanding of upstream crimes, that is, what cyber crimes are specifically implemented for upstream crimes, without asking. If you know what kind of crime you have committed, you should regard it as a * * * crime. Concealing and concealing the crime can be general knowledge or clear knowledge. As long as there is no collusion with the upstream crime, it does not constitute a crime.
5. The legal interests of infringement are different. The crime of aiding trust is stipulated under the crime of disturbing public order, with the purpose of maintaining network order and ensuring the healthy development of information network, and the crime of concealing and concealing is stipulated under the crime of obstructing justice, with the purpose of maintaining judicial order, cracking down on illegal acts that hinder criminal investigation, prosecution and trial, and ensuring the normal exercise of national judicial power.
6. The conditions for conviction and punishment are different. The establishment condition of the crime of trust must be serious circumstances. The statutory punishment is fixed-term imprisonment of not more than three years or criminal detention, and a fine or a single fine. Whoever conceals or conceals criminal facts without serious restrictions may be convicted and punished. The statutory punishment is fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine shall also or only be imposed. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 312th of the Criminal Law of People's Republic of China (PRC).
Whoever conceals, transfers, purchases, sells on behalf of others, or conceals or conceals by other means (concealing or concealing what he has sinned against) shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
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