What are the sentencing standards and the amount of punishment for concealing and concealing crimes?

The full name of the crime is "the crime of concealing and concealing the proceeds of crime"; On May 9, 2007, the Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Theft, Robbery, Fraud and Robbery of Motor Vehicles, and the Law Interpretation (2007) 1 1 further clarified the new crime of "concealing and concealing the crime". Later, the Supplementary Provisions on the Determination of Crimes in the Detailed Rules for the Implementation of the Criminal Law of People's Republic of China (PRC) (III) officially abolished the crime of harboring, transferring, purchasing and selling stolen goods, and changed it to covering up and concealing the crime. The applicable time of this crime begins on June 6, 2007.

This crime is in the second section of Chapter VI of the Specific Provisions of Criminal Law. Therefore, from the general object, the criminal object is the normal activities of the judicial organs. Criminal proceeds and criminal proceeds are important material evidence of a case, which can prove the facts of the case and the whereabouts of stolen goods, confirm the criminal motive, and play an important role in finding out the facts of the case and proving the crime; According to Article 64 of China's Criminal Law, the proceeds from crime and the proceeds from crime are the scope that judicial organs should recover according to law. The actor's behavior of concealing and concealing the proceeds of crime objectively hinders the activities of judicial organs to recover the proceeds of crime and income. Therefore, the object of this crime is the normal activities of judicial organs to identify crimes and recover the proceeds and benefits of crimes.

The objective aspects of this crime include "harboring, transferring, purchasing, selling on behalf of others or covering up or concealing in other ways". The crime of harboring refers to providing criminals with a place to hide the proceeds of crime and its proceeds, which is subjectively intentional in hiding and keeping. Transfer refers to moving and transporting criminals' criminal gains and their income. Both concealment and transfer require that the degree of crime is enough to affect the normal activities of judicial organs in identifying crimes and recovering the proceeds of crimes and their benefits. For example, the act of transferring stolen goods in a room cannot constitute an objective act of this crime. Acquisition is mainly aimed at the behavior of "buying at a low price and selling at a high price" in the relevant judicial interpretation of 1992. In judicial practice, it is mainly aimed at buying a large number of stolen goods in the name of buying waste products, which refers to the situation of paid purchase and then selling at a high price. Pay attention to the difference between "buy" and "buy". Buying refers to buying stolen goods for personal use, which is subjectively a psychology of coveting cheap goods, rather than deliberately obstructing the normal judicial order to buy stolen goods. Buying a specific small amount of stolen goods for personal use should not be considered as a crime, but buying motor vehicles and other property obtained from others' crimes should be considered as the crime of buying stolen goods. Selling on behalf of others refers to the act of helping criminals sell their criminal gains and gains. The bottom clause of this crime "by other means" should be judged according to whether its subjective intention and behavior are enough to affect the judicial order, and its core criteria are covering up and concealing two effects. Cover-up is to distinguish the object from the original stolen goods by changing its external form, so as to avoid judicial recovery; Concealment means hiding and lying, without changing the external form, so that the proceeds of crime and interests can be combined in unknown places to avoid being recovered by judicial organs. As long as these two methods are adopted to the extent of obstructing judicial activities, it is the objective behavior of this crime.

I. Relevant legal provisions

1, Criminal Law of People's Republic of China (PRC) (1997)

Article 3 12 Whoever knowingly conceals, transfers, purchases or sells stolen goods obtained from crime 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.

2. Amendment to the Criminal Law (VI) (June 29, 2006)

Article 19 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 3 years but not more than 7 years and 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.

3. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Theft, Robbery, Fraud and Robbery of Motor Vehicles (2007) 1 1 (implemented on May 20071/).

Article 1 Whoever knowingly commits any of the following acts is a motor vehicle that is stolen, robbed, defrauded or robbed, shall be convicted of concealing or concealing the crime in accordance with the provisions of Article 312 of the Criminal Law, and 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:

(1) buying, selling, introducing, pawning, auctioning, mortgaging or paying debts with it;

(2) Dismantling, assembling or assembling;

(3) Modify the engine number and vehicle identification code;

(four) to change the color of the body or the appearance of the vehicle;

(5) Providing or selling motor vehicle origin certificates, vehicle certificate, number plate and other motor vehicle-related certificates and vouchers;

(6) Providing or selling forged or altered motor vehicle origin certificates, vehicle certificate, license plate and other motor vehicle-related certificates and vouchers.

The acts specified in the first paragraph, such as stealing, robbing, swindling or robbing more than five motor vehicles, or the total value reaches more than 500,000 yuan, are "serious" as stipulated in Article 312 of the Criminal Law, and they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.

4. Supplementary Provisions of the Supreme People's Court and the Supreme People's Procuratorate on the Determination of Crimes in the Criminal Law of People's Republic of China (PRC) (III) (165438+20071October 6)

(9) "crime of concealing and concealing the proceeds of crime and the proceeds from crime"

Article 19 of the Criminal Law Amendment (VI) changes Article 312 of the Criminal Law to "concealing, transferring, purchasing, selling on behalf of others, or concealing or disguising in other ways ..." As for the charges of this crime, some people think that they can keep the charges that they have been used to in the past, that is, the crime of harboring and selling stolen goods, while the other one is to add "concealing or concealing in other ways". According to research and the revision of the Criminal Law, this article "Covering up" and "selling stolen goods" are both means of "covering up and concealing", so it is stipulated as "the crime of covering up and concealing the proceeds of crime", and the crime of hiding, transferring, purchasing and selling stolen goods should be abolished accordingly.

Two, conceal, conceal the proceeds of crime, crime filing standards.

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. 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.

Three, conceal, conceal the proceeds of crime, criminal income sentencing standards.

(1) Guiding Opinions of the Supreme Court on Concealing and Concealing the Proceeds of Crime and the Sentencing of Offences Caused by Crime.

1, which constitutes the crime of concealing or concealing, the starting point of sentencing can be determined within the corresponding range according to the following different situations:

(1) If the circumstances of the crime are general, the starting point of sentencing can be determined within the range of three months of criminal detention to six months of fixed-term imprisonment.

(2) If the circumstances are serious, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.

2. On the basis of the starting point of sentencing, the amount of punishment can be increased according to the amount of crime and other criminal facts that affect the composition of the crime, and the benchmark punishment can be determined.

Section 24 Crimes of harboring, transferring, purchasing and selling stolen goods

Article 143 Fixed-term imprisonment, criminal detention, public surveillance and a fine.

Whoever conceals, transfers, purchases or sells stolen goods in an amount of more than 5,000 yuan but less than 65,438 yuan, or repeatedly conceals, transfers, purchases or sells stolen goods with a cumulative amount of more than 3,000 yuan but less than 6,000 yuan, the benchmark punishment is a fine.

Whoever conceals, transfers, purchases or sells stolen goods in an amount of 6,543,800 yuan but less than 6,543,800 yuan, or repeatedly conceals, transfers, purchases or sells stolen goods, and the accumulated amount is more than 6,000 yuan but less than 6,543,800 yuan, the benchmark punishment is public surveillance.

Whoever harbors, transfers, purchases or sells stolen goods in an amount of more than 1.5 million yuan but less than 20,000 yuan, or who harbors, transfers, purchases or sells stolen goods for many times and the accumulated amount is more than 1.5 million yuan, the benchmark punishment is criminal detention.

Whoever conceals, transfers, purchases or sells stolen goods for 20,000 yuan or conceals, transfers, purchases or sells stolen goods for many times, and the accumulated amount is 1.5 million yuan, the benchmark punishment is fixed-term imprisonment of not more than six months. For every additional $4,000, the sentence will be increased by one month.

Article 144 In any of the following circumstances, it is suggested to be controlled or fined, and it shall be upgraded to criminal detention:

(1) Concealing, transferring, purchasing or selling stolen goods for more than eight times, or for more than five times, with a total amount of 6.5438+0 million yuan;

(2) Not all stolen goods have been returned;

(three) did not take the initiative to accept the property punishment.

(2) Guiding opinions of Jiangxi Higher People's Court on the crime of concealing and concealing the proceeds of crime and the proceeds of crime.

If the crime constitutes a cover-up or concealment, the starting point of sentencing can be determined within the corresponding range according to the following different situations:

(1) Whoever conceals or conceals the proceeds of crime or the amount of the proceeds of crime is average can determine the starting point of sentencing within the range of three months of criminal detention to six months of fixed-term imprisonment.

(2) If the proceeds of crime are concealed or withheld, and the circumstances of the proceeds of crime are serious, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.

2. On the basis of the starting point of sentencing, the amount of punishment can be increased according to the amount of crime and other criminal facts that affect the composition of the crime, and the benchmark punishment can be determined.

(1) If the crime amount is less than100000 yuan, one month's fixed-term imprisonment will be increased for each additional 3000 yuan.

(2) If the amount of crime is more than 100,000 yuan but less than 200,000 yuan, one month's fixed-term imprisonment will be increased for each additional 10,000 yuan.

(3) If the crime amount is more than 200,000 yuan (involving theft, robbery, fraud, or robbing a motor vehicle with a value of more than 500,000 yuan), the sentence will be increased by 1 month for each additional 20,000 yuan (involving theft, robbery, fraud, or robbing a motor vehicle, the sentence will be increased by 50,000 yuan).

(4) Every time the number of crimes increases, the sentence may be increased by one month to six months, but if the statutory sentence is less than three years, the cumulative increase of the sentence shall not exceed one year; If the statutory punishment is fixed-term imprisonment of not less than three years but not more than seven years, the cumulative increase in imprisonment shall not exceed two years.

3. Under any of the following circumstances, the benchmark penalty may be increased by less than 3%:

(1) Concealing or concealing the disaster relief, emergency rescue, flood control, special care, relief, medical funds and materials obtained from crime and their income.

(2) Concealing or concealing the proceeds of crime or the proceeds of crime as its main business or for the purpose of making profits.

(3) Guiding opinions of Guangdong Higher People's Court on sentencing for the crime of concealing or concealing the proceeds of crime.

1. The starting point of sentencing can be determined within the corresponding range according to the following different situations:

(1) If the circumstances of the crime are general, the starting point of sentencing can be determined within the range of three months of criminal detention to six months of fixed-term imprisonment.

(2) If the circumstances are serious, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.

2. On the basis of the starting point of sentencing (2000 yuan), the amount of punishment can be increased according to the amount of crime and other criminal facts that affect the composition of the crime, and the benchmark punishment can be determined.

(1) For each additional charge, the prison term can be increased by three to six months.

(2) If the circumstances are ordinary, the term of imprisonment may be increased by one month to three months for every additional 50,000 yuan.

(3) If the circumstances are serious, according to the increased amount, the amount of punishment can be increased accordingly to determine the benchmark punishment.

3. For the purpose of concealing or concealing the proceeds of crime or making profits, the benchmark punishment may be increased by less than 30%.

(4) Guiding Opinions of Guangzhou Intermediate People's Court on Concealing and Concealing Crime Offences and Sentencing.

The social harm of criminal cases of concealing or concealing the proceeds of crime is generally reflected in the amount of concealing or concealing the proceeds of crime, and the benchmark punishment can be determined within the corresponding legal punishment range according to the amount of concealing or concealing the proceeds of crime. If sentencing is affected by other criminal circumstances, the starting point of sentencing and benchmark punishment can be determined within the corresponding legal punishment range according to the seriousness of the relevant criminal circumstances.

1, fixed-term imprisonment of not more than three years, criminal detention, public surveillance and a fine.

(1) Concealing or concealing the proceeds of crime, and the amount of the proceeds of crime is more than 2,000 yuan 1000 yuan, the benchmark punishment is criminal detention, public surveillance or a single fine;

(2) Concealing or concealing the proceeds of crime, if the amount of the proceeds of crime is 6,543,800 yuan, the benchmark punishment shall be fixed-term imprisonment of not more than six months;

For every increase of 654.38+10,000 yuan caused by concealing or concealing crimes, the benchmark punishment will be increased by six months;

Every time you cover up or conceal the crime 1 time, the benchmark punishment will be increased by six months.

2. Sentencing of fixed-term imprisonment of not less than three years but not more than seven years.

Whoever conceals or conceals the proceeds of crime or the amount of the proceeds of crime is more than 500,000 yuan, or conceals or conceals the proceeds of crime or the proceeds of crime for five times, the benchmark punishment shall be fixed-term imprisonment of not more than three years;

For every increase of 654.38+10,000 yuan caused by concealing or concealing crimes, the benchmark punishment will be increased by six months;

Every time you cover up or conceal the crime 1 time, the benchmark punishment will be increased by six months.

3. Under any of the following circumstances, the benchmark penalty can be increased by 10%:

(1) Covering up or concealing the proceeds of crime or the proceeds of crime is the main business or for profit;

(2) Concealing or disguising disaster relief, emergency rescue, flood control, special care, relief and medical funds and materials;

(3) Concealing or concealing the proceeds of crime or the proceeds of crime for three times within one year.

IV. Statistics on the sentencing of this crime in the effective judgment of Ji 'an Basic Court on 20 14.

1, Jizhou District Court (20 14) JixingchuziNo. 14, Li bought stolen goods 1940 yuan, sentenced to five months' criminal detention and fined 2,000 yuan; (20 14) Ji sentence No.57, Yang bought 67,900 yuan of stolen goods, was sentenced to one year and six months in prison, suspended for two years, and fined 30,000 yuan; (20 13) Ji Penalty No.234, Wan accepted stolen goods 1 1530 yuan, was sentenced to 10 months' imprisonment and fined 15000 yuan.

2. Two pieces of Jishui County Court, namely (20 14) Jixingchuzi No.8, Zhang bought 7820 yuan of stolen scrap iron and fined 5000 yuan; (20 14) Jixingchuzi No.80, bought a stolen car (tricycle) worth 8,448 yuan, introduced others to buy two tricycles, and the unit was fined 6,543,800 yuan;

3. Xiajiang County Court, (20 14) Xiajiang Criminal Chu Zi No.9, who transferred stolen goods at a price of 4,004 yuan, was sentenced to five months' criminal detention and fined 1000 yuan;

4. suichuan county court, (20 14), with the judgment of 1 1, sentenced Xiong to three months' criminal detention and fined him 3,000 yuan;

5. Two pieces of Anfu County Court, (20 14) Anxing No.7, Ye bought stolen goods worth 3,900 yuan for three times, and was sentenced to control for one year and six months and fined 6,000 yuan; (20 14) Anxing No.86, who received 4000 yuan from Zhou, was sentenced to six months' criminal detention and fined 4000 yuan.

From the analysis of the above-mentioned effective judgments, and the punishment for suspected crimes is relatively light, most criminals do not hire lawyers as defenders. As far as this case is concerned, Liu Wei, a lawyer of Jiangxi Xiangyun Law Firm, believes that there is still a lot of room for defense in some judgments. One is the situation of buying stolen goods. Although there is a word difference, it may be the difference between crime and non-crime; The second is the definition of motor vehicle, whether an electric vehicle is a motor vehicle; Therefore, the crime has special provisions on motor vehicle stolen goods; The third is sentencing defense. The penalty imposed has a large floating space, and there are differences in sentencing standards.