A case of buying stolen goods for personal use

The seller of a mobile phone worth more than 2,600 yuan was willing to sell it for 600 yuan. The buyer knew that the mobile phone was stolen but bought it without hesitation. The Xuchang County People's Court sentenced the defendant Li, the owner of a mobile phone store who bought stolen goods, to one year of probation and a fine of RMB 5,000 for covering up and concealing the proceeds of a crime.

The latest judicial interpretation has changed this issue. Article 2: Covering up and concealing criminal proceeds and the proceeds they generate are in compliance with the provisions of Article 1 of this interpretation. Plea guilty, repentant and return the stolen goods and compensation, and Anyone who has any of the following circumstances may be deemed to have a minor crime and be exempted from criminal punishment:

...The actor conceals and conceals the proceeds of crime for his own use, and the value of the property has just reached paragraph 1 of Article 1 of this Interpretation According to the standards stipulated in Item (1), those who plead guilty, repent and return stolen goods or compensation may generally not be considered a crime; those who are investigated for criminal liability in accordance with the law should be lenient as appropriate.

Attachment: Legal Interpretation [2015] No. 11

The Supreme People's Court

On the trial of cover-up, concealment of criminal proceeds, and proceeds of crime

Interpretation of several issues concerning the application of law in criminal cases

(Adopted at the 1651st meeting of the Judicial Committee of the Supreme People's Court on May 11, 2015)

In order to punish in accordance with the law the concealment of criminal proceeds, Criminal activities involving proceeds of crime, in accordance with the relevant provisions of the Criminal Law and in combination with the actual criminal trial work of the People's Court, hereby explain several issues concerning the specific application of law in the trial of such cases as follows:

Article 1. Knowingly knowing that the proceeds are proceeds from crime and their If the income generated is harbored, transferred, purchased, sold on behalf of others, or covered up or concealed in other ways, and any of the following circumstances occurs, the criminal proceeds shall be used to conceal or conceal the proceeds of crime in accordance with the provisions of Article 312, Paragraph 1 of the Criminal Law. , Conviction and punishment for the crime of proceeds of crime:

(1) Covering up or concealing criminal proceeds and the proceeds thereof worth more than 3,000 yuan to 10,000 yuan;

(2) 1. Anyone who has been subject to administrative penalties for covering up or concealing criminal proceeds and the proceeds generated during the year, and has also carried out activities to cover up or conceal criminal proceeds and the proceeds generated therefrom;

(3) The concealed or concealed criminal proceeds are Electric power equipment, transportation facilities, radio and television facilities, public telecommunications facilities, military facilities, or disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief funds and materials;

(4) Cover-up or concealment behavior that causes upstream The crime cannot be investigated and dealt with in a timely manner and causes irreparable losses to public and private property;

(5) Carrying out other acts of covering up or concealing the proceeds of crime and the proceeds thereof, thereby hindering the judicial organs from pursuing the predicate crime.

The higher people's courts of each province, autonomous region, and municipality directly under the Central Government may, based on the economic and social development conditions of the region and taking into account the public security situation, determine the amount for local execution within the amount specified in item (1) of paragraph 1 of this article. The specific amount standard shall be reported to the Supreme People's Court for record.

If the judicial interpretation has stipulated that concealing and concealing criminal proceeds involving computer information system data and computer information system control rights and the proceeds generated therefrom constitute a crime, such regulations shall be followed in the trial of such cases.

According to the "Interpretation of Articles 341 and 312 of the Criminal Law of the People's Republic of China" by the Standing Committee of the National People's Congress, knowingly hunting illegally Anyone who acquires wild animals and the number reaches more than 50 shall be convicted and punished for concealing or concealing criminal proceeds.

Article 2: Any person who conceals or conceals criminal proceeds and the proceeds thereof complies with the provisions of Article 1 of this Interpretation, pleads guilty, repentes, and returns the stolen goods or compensation, and meets any of the following circumstances, may be deemed to be The crime is minor and exempt from criminal punishment:

(1) There are statutory lenient punishment circumstances;

(2) Covering up or concealing criminal proceeds and the proceeds generated for close relatives , and it is a first-time offender or an occasional offender;

(3) There are other minor circumstances.

If the offender conceals or conceals the proceeds of crime for his own use, and the value of the property has just reached the standard stipulated in Article 1, Paragraph 1, Item (1) of this Interpretation, if he pleads guilty, regrets, and returns the stolen goods or compensation, generally he is not required to do so. It is considered a crime; if criminal liability is investigated in accordance with the law, leniency shall be exercised as appropriate.

Article 3: Covering up or concealing criminal proceeds and the proceeds generated therefrom shall be deemed to be “serious circumstances” as stipulated in the first paragraph of Article 312 of the Criminal Law under any of the following circumstances:< /p>

(1) Covering up or concealing criminal proceeds and the proceeds thereof with a total value of more than 100,000 yuan;

(2) Covering up or concealing criminal proceeds and the proceeds generated ten times or above, or three or more times with a total value of more than 50,000 yuan;

(3) The proceeds of crime concealed or concealed are from electrical equipment, transportation facilities, radio and television facilities, public telecommunications facilities, military facilities or disaster relief , emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief funds and materials with a total value of more than 50,000 yuan;

(4) Cover-up and concealment behaviors make it impossible to investigate and deal with upstream crimes in a timely manner, and cause significant public and private property losses The loss is irreparable or has other serious consequences;

(5) Carrying out other acts of covering up or concealing criminal proceeds and the proceeds thereof, seriously hindering the judicial organs from pursuing the predicate crime.

The judicial interpretation has stipulated that concealing and concealing criminal proceeds involving motor vehicles, computer information system data, and computer information system control rights and the proceeds generated therefrom are "serious" and such cases will be heard. in accordance with this provision.

Article 4 The amount of concealment or concealment of criminal proceeds and the income generated shall be based on the time when the concealment or concealment is carried out. If the price of purchasing or selling property is higher than its actual value, the price of the property shall be calculated based on the price of purchasing or selling it.

If multiple acts of covering up or concealing criminal proceeds and the proceeds therefrom are required to be prosecuted in accordance with the law without administrative punishment, the amount of criminal proceeds and proceeds from crime shall be calculated cumulatively.

Article 5: Those who conspire beforehand with criminals such as theft, robbery, fraud, robbery, etc. to cover up and conceal the proceeds of crime and the proceeds thereof shall be punished with the crime of theft, robbery, fraud, robbery, etc. ** *Penalty for offenses.

Article 6 If theft, robbery, fraud, robbery, etc. are committed against the proceeds of crime and the proceeds thereof, which constitute a crime, they shall be convicted and punished for the crime of theft, robbery, fraud, robbery, etc. respectively.

Article 7: Knowingly covering up or concealing the proceeds of crime and the proceeds thereof constitutes a crime stipulated in Article 312 of the Criminal Law. If it also constitutes other crimes, the heavier punishment shall be followed. Conviction and punishment.

Article 8 determines the crime of concealing or concealing criminal proceeds or criminal proceeds based on the establishment of the upstream criminal facts. The predicate crime has not yet been adjudicated according to law, but if it is verified to be true, it will not affect the determination of the crime of covering up, concealing criminal proceeds, or criminal proceeds.

If the facts of the upstream crime are verified to be true, but the perpetrator is not held criminally responsible in accordance with the law because the perpetrator has not reached the age of criminal responsibility or other reasons, this will not affect the determination of the crime of covering up, concealing criminal proceeds, or criminal proceeds.

Article 9: Anyone who misappropriates the name of an organization to cover up or conceal criminal proceeds and the proceeds thereof, and the illegal proceeds are divided privately by the perpetrator, shall be convicted and punished in accordance with the provisions of the criminal law and judicial interpretations on natural person crimes.

Article 10: Stolen money and stolen goods obtained directly through crime shall be recognized as "criminal proceeds" as stipulated in Article 312 of the Criminal Law. The interest, rent, etc. obtained by the perpetrator of the predicate crime after processing the proceeds of crime shall be recognized as "income generated from proceeds of crime" as stipulated in Article 312 of the Criminal Law.

Knowing that the proceeds are criminal proceeds and the proceeds generated from them, using methods other than harboring, transferring, acquiring, or selling on behalf of others, such as intermediary introduction to buying and selling, receiving, holding, using, processing, providing capital accounts, and assisting in transferring Converting property into cash, financial instruments, securities, assisting in the transfer and remittance of funds overseas, etc., shall be recognized as "other methods" stipulated in Article 312 of the Criminal Law.

Article 11 The crime of concealing or concealing criminal proceeds or proceeds of crime is an optional crime. In the trial of such cases, the applicable crime shall be determined based on the specific criminal act and its target.

The Supreme People's Court issued the "Interpretations on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases Concealing and Concealing the Proceeds of Crime, and Proceeds of Crime"

A few days ago, the Supreme People's Court issued the "Interpretation on Several Issues concerning the Application of Law in the Trial of Criminal Cases Concealing and Concealing the Proceeds of Crime"

The Interpretation on Several Issues concerning the Application of Law in Criminal Cases concerning Proceeds from Crime and Proceeds from Crime (full text) (hereinafter referred to as the "Interpretation") has been adopted by the 1651st meeting of the Judicial Committee of the Supreme People's Court and will be implemented on June 1 this year.