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How much should I be punished for concealing 7000 yuan from crime?
1. Whoever conceals or conceals the proceeds of crime in an amount of more than 5,000 yuan but less than 654.38+10,000 yuan, or repeatedly conceals or conceals the proceeds of crime in an amount of more than 3,000 yuan but less than 6,000 yuan, shall be fined.
2. In judicial practice, the upstream crime of this crime is mainly theft. For the fine of theft, Article 13 of the Supreme Law "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases" stipulates that a fine of more than 2 times the amount of theft 1000 yuan shall be imposed; If there is no amount, a fine of 1 more than 10,000 yuan 1 less than 10,000 yuan will be imposed.
The relevant laws and judicial interpretations do not clearly stipulate the upper limit of the fine for this crime. In specific cases, the amount of less penalty should be determined according to the standard of theft, that is, the amount of less penalty should generally be less than twice the amount of theft 1000 yuan or more.
In short, the amount of fines for concealing or disguising a crime should be compared with the amount of fines for the original crime and lower than that for the original crime.
Concealing or concealing the offense of a crime will be fined 7,000 yuan, and the standards vary from place to place. Regardless of other factors, in terms of this amount, some places constitute crimes, and the people's court shall, according to the circumstances of the crime, such as the amount of illegal gains and the size of losses caused, comprehensively consider the criminal's ability to pay the fine and impose a fine. The minimum fine for this crime shall not be less than 1000 yuan. A minor who commits a crime shall be given a lighter or mitigated punishment, but the minimum fine shall not be less than 500 yuan. In some places, if it does not constitute a crime, it shall be punished for public security management according to the specific circumstances, and those who buy stolen goods or items suspected of stolen goods notified by public security organs shall be fined more than 500 yuan 1000 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and shall be fined more than 500 yuan and less than 1,000 yuan. Whoever knowingly conceals, transfers or sells stolen goods on his behalf shall be detained for not less than five days but not more than ten days and fined not less than 200 yuan but not more than 500 yuan.
How much fine will the court impose for concealing and concealing the criminal proceeds of 22,000 yuan? Hello,
Whoever conceals or conceals a large amount of criminal proceeds, if the circumstances are serious, may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.
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The Criminal Law stipulates: "Whoever knowingly conceals, transfers, purchases, sells on behalf of others or conceals or disguises by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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 fined. "
Suspected of concealing or concealing the proceeds of crime totaling 22,000 yuan, the court should be sentenced to fixed-term imprisonment of not more than three years, and can actively return the stolen goods and strive for probation.
How many years was 77,000 yuan sentenced to concealing a crime? How to punish the fine? Whoever conceals or conceals the amount of 77,000 yuan offended by a crime is generally a general plot and should be sentenced to fixed-term imprisonment of not more than three years and fined; For more than three times, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.
The specific amount of the fine shall be determined by the court according to the specific circumstances of the case.
criminal law
Article 312 Whoever conceals or conceals the proceeds of crime, or knowingly conceals, transfers, purchases or sells them on behalf of others, or conceals or conceals them by other means, 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.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Concealing or Concealing the Proceeds of Crime.
Article 1 Whoever knowingly conceals, transfers, purchases, sells on his behalf or conceals or conceals by other means shall be convicted and punished in accordance with the provisions of the first paragraph of Article 312 of the Criminal Law:
(1) Concealing or concealing the proceeds of crime and the amount of the proceeds is between 3,000 yuan and 10,000 yuan;
(2) Having received administrative punishment for concealing or concealing the proceeds of crime and its proceeds within one year, and having carried out the act of concealing or concealing the proceeds of crime and its proceeds;
(3) Concealing or disguising the proceeds of crime as electric power facilities, transportation facilities, radio and television facilities, public telecommunication facilities, military facilities or funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief;
(4) The act of concealing or disguising makes it impossible to investigate and deal with upstream crimes in time, resulting in irreparable losses to public and private property;
(five) the implementation of other acts of concealing and concealing the proceeds of crime and the income generated by it, and obstructing the judicial organs from investigating the upstream crimes.
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic and social development and considering the social security situation, determine the specific amount standard for local implementation within the amount range specified in Item (1) of the first paragraph of this article, and report it to the Supreme People's Court for the record.
If there are provisions in the judicial interpretation to conceal or conceal the information of the computer information system, and the criminal proceeds related to the control of the computer information system and the income generated by it constitute a crime, such cases shall be tried in accordance with the provisions.
According to the NPC Standing Committee's interpretation of Articles 341 and 312 of the Criminal Law of People's Republic of China (PRC), anyone who knowingly buys wild animals illegally hunted, and the number reaches more than 50, will be convicted and punished for concealing and concealing the crime.
Article 3 Whoever conceals or conceals the proceeds of crime and its proceeds in any of the following circumstances shall be deemed as "serious" as stipulated in the first paragraph of Article 312 of the Criminal Law:
(1) Concealing or concealing the proceeds of crime, the amount of which is more than 100,000 yuan;
(2) Concealing or concealing the proceeds of crime and the income generated by it for more than ten times, or more than three times, with a total value of more than 50,000 yuan;
(3) Concealing or disguising the proceeds of crime as electric power facilities, 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 with a total value of more than 50,000 yuan;
(4) Concealing or disguising makes it impossible to investigate and deal with upstream crimes in time, resulting in heavy losses of public or private property or other serious consequences;
(5) Other acts of concealing or concealing the proceeds of crime and the income generated thereby, which seriously hinders the judicial organs from investigating the upstream crimes.
If the judicial interpretation has stipulated that the criminal proceeds involving motor vehicles, computer information system data and computer information system control rights and the income generated by them are "serious", such cases should be tried in accordance with this provision.
Criminal Law: Article 312 Whoever knowingly conceals, transfers, purchases, sells on behalf of others or conceals or conceals it by other means, knowing that the fine standard and the fine amount of a crime are less than 5,000, 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.
How to punish those who cover up or conceal what they have sinned and what they have gained? Article 191 of the Criminal Law: Whoever knowingly commits one of the following acts, namely, drug crimes, organized crimes of underworld nature, crimes of terrorist activities, crimes of smuggling, crimes of corruption and bribery, crimes of disrupting financial management order, and crimes of financial fraud, conceals or disguises the source and nature of the criminal proceeds, shall be confiscated and sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 5% but not more than 20% of the amount of money laundered. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than five percent but not more than twenty percent of the money laundering amount:
(a) to provide funds account;
(2) Assisting in converting property into cash, financial bills and securities;
(three) to assist the transfer of funds through transfer or other settlement methods;
(four) to assist the remittance of funds abroad;
(5) concealing or disguising the source and nature of the proceeds of crime and their proceeds by other means.
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 sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
Article 312 Whoever knowingly conceals, transfers, purchases, sells on behalf of others or conceals or conceals by other means 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.
Article 349 Whoever harbors criminals who smuggle, sell, transport or manufacture drugs, or conceals drugs or property obtained from crimes for criminals, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Drug dealers or other state functionaries who harbor or protect criminals who smuggle, sell, transport or manufacture drugs shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever commits the crimes mentioned in the preceding two paragraphs and conspires in advance shall be punished as the crime of smuggling, selling, transporting and manufacturing drugs. Whoever conceals or conceals the offense committed by a crime and knowingly conceals, transfers, purchases or sells it or conceals or conceals it by other means 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 fined. " This crime is a derivative crime, which needs to be attached to the previous crime before it can be established. Because the legislator identified the object of this crime as undermining the normal order of judicial organs to recover stolen goods, it was classified as the crime of obstructing justice in the crime of disturbing social management order. Therefore, there is no clear amount of crime and no relevant judicial interpretation, which leads to differences in the determination of this crime in judicial practice. Because there is no limit on the amount, in judicial practice, the former crime constitutes a crime, and the latter crime is recognized as a crime, which is easy to cause a wide range of attacks. And there is no specific amount, which makes conviction and sentencing more arbitrary. As a kind of crime, concealing and concealing the crime should be determined according to the circumstances, and the amount is an important criterion for determining the seriousness of the circumstances. In practice, conviction and sentencing are often compared with the amount of the previous crime, but the degree of comparison is different, which leads to the two people concealing and concealing the proceeds of crime, the degree of social harm is equivalent, and the sentencing results may be different, which violates the principle of suiting crime to punishment.
How long will you be detained and fined for concealing 4000-5000 yuan of crimes committed by Yuan You? The standards in different provinces are different, and even the handling by the municipal judicial organs is different. Generally speaking, if the stolen goods are collected for personal use and only once, it is more likely that the court will sentence them to probation for fixed-term imprisonment or probation for criminal detention; If you collect stolen goods many times or have other bad circumstances, the chances of probation are very small. According to the amount you said, it usually takes three to six months if you are sentenced to criminal detention. If you don't deal with crimes, administrative punishment will do. Usually detained for three to five days.
How long does it take to hide or cover up a crime? The maximum penalty for concealing a crime is seven years imprisonment and a fine.
Article 312 of the Criminal Law of People's Republic of China (PRC) * * * Whoever conceals or conceals the offense of a crime knowingly conceals, transfers, purchases, sells it for others or conceals or conceals it by other means 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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