What is the standard for filing and prosecuting the crime of sheltering?

What is the standard for filing and prosecuting the crime of sheltering?

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 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 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 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.

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.

As for the "standard of filing a case for prosecution of a crime" you raised, concealment and cover-up will constitute a crime under certain circumstances. Generally, after constituting a crime, they will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and will leave a criminal record.