Will concealing the proceeds of crime freeze the funds?

1. Article 312 of the Criminal Law: 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 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.

2. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Concealing and Concealing Crimes was adopted by the the Supreme People's Court Judicial Committee at its 1 1 meeting on May 20, 2006, and is hereby promulgated and shall come into force as of June 20, 2006.

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 equipment, 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 it is stipulated in the judicial interpretation that the act of concealing or disguising the data of computer information system, the control right of computer information system and the income generated by it constitutes a crime, such cases shall be tried in accordance with these 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 2 Whoever conceals or conceals the proceeds of crime and its proceeds, in line with the provisions of Article 1 of this Interpretation, pleads guilty, repents, or returns the stolen money or compensation, can be deemed as minor in the crime and exempted from criminal punishment under any of the following circumstances:

Having a statutory lenient punishment;

(2) Concealing or disguising the proceeds of crime and the profits generated by it for close relatives, which is a first-time offender or an occasional offender;

(3) There are other minor circumstances.

If the perpetrator conceals or conceals the proceeds of crime for his own use, and the value of the property has just reached the standard stipulated in Item (1) of Paragraph 1 of Article 1 of this Interpretation, and he pleads guilty, repents and returns stolen goods and compensation, it is generally not recognized as a crime; Those who are investigated for criminal responsibility according to law shall be treated leniently as appropriate.

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 4 Whoever conceals or conceals the proceeds of crime and the amount of the proceeds shall be punished as the act of concealing or concealing. If the price of purchasing or selling property on behalf of others is higher than its actual value, it shall be calculated according to the price of purchasing or selling property on behalf of others.

Whoever conceals or conceals the proceeds of crime for many times and the proceeds generated therefrom shall be prosecuted according to law without administrative punishment, and the proceeds of crime and the amount of the proceeds of crime shall be calculated cumulatively.

Article 5 Whoever conspires with criminals such as theft, robbery, fraud and robbery in advance to cover up or conceal the proceeds of crime and its proceeds shall be punished as a * * * offender of theft, robbery, fraud and robbery.

Article 6 Whoever commits acts such as theft, robbery, fraud and robbery against the proceeds of crime and its proceeds, which constitutes a crime, shall be convicted and punished for theft, robbery, fraud and robbery respectively.

Article 7 Whoever knowingly conceals or disguises the proceeds of crime and its proceeds, which constitutes a crime as stipulated in Article 312 of the Criminal Law and other crimes, shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 8 The determination of the offense of concealing or concealing a crime shall be based on the fact that the upstream crime is established. If the upstream crime is not judged according to law, but it is verified, it will not affect the determination of the crime of concealing or concealing the proceeds of crime and the proceeds of crime.

The facts of the upstream crime are verified, but the perpetrator has not been investigated for criminal responsibility according to law because he has not reached the age of criminal responsibility, which does not affect the determination of the crime of concealing or concealing the proceeds of crime and the proceeds of crime.

Article 9 Whoever embezzles the name of a unit to cover up or conceal the proceeds of crime and its proceeds, and the illegal proceeds are divided among the actors, shall be convicted and punished in accordance with the provisions of the Criminal Law and judicial interpretation on crimes committed by natural persons.

Article 10 Illegal money and stolen goods directly obtained through crime shall be recognized as "proceeds of crime" as stipulated in Article 312 of the Criminal Law. Fruit, rent, etc. What the upstream criminal obtains after dealing with the proceeds of crime shall be recognized as the "proceeds of crime" as stipulated in Article 312 of the Criminal Law.

The adoption of methods other than concealment, transfer, purchasing, holding, using, processing and providing capital accounts, assisting in converting property into cash, financial bills and securities, and assisting in transferring funds abroad shall be recognized as "other methods" as stipulated in Article 312 of the Criminal Law.

Article 11 The crime of concealing or concealing the proceeds of crime or the proceeds of crime is an optional crime. In the trial of such cases, the applicable charges should be determined according to the specific criminal acts and the objects they point to.