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How many articles in the criminal law cover up crimes?
Article 312 of the Criminal Law: Whoever conceals or conceals the proceeds of a crime, knowingly conceals, transfers, purchases or sells them on his behalf, 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 subject of this crime is the general subject, that is, a natural person who has reached the age of 16 and has criminal responsibility. Theoretically, however, the subject of this crime does not include the perpetrator of the upstream crime, that is, the perpetrator who produced the criminal proceeds, but other people who helped the criminals to cover up and conceal the criminal proceeds and the criminal proceeds.
If the perpetrator of the upstream crime conceals or disguises the proceeds of the crime, it belongs to the act of dealing with stolen goods after the crime, which is called follow-up behavior in criminal law theory and is absorbed by the previous upstream crime without being punished.
Extended data
Case: The man who knowingly bought stolen goods was sentenced for concealing and concealing the crime.
After criminals steal other people's goods by illegal means, they usually deal with them at a low price in order to get rid of them as soon as possible. However, if someone buys it knowing that it is stolen goods, according to the relevant laws, he will be offended by concealing and concealing the crime and will be severely punished by the law. Recently, Guiyang court concluded a case of concealing and concealing criminal facts. The defendant Deng was sentenced to six months' imprisonment, suspended for one year and fined five thousand yuan.
20 15 12 15, Deng bought a stolen three-wheeled motorcycle from Liang (sentenced) for 3380 yuan. After appraisal, the value of the three-wheeled motorcycle is RMB 7392.
The court held through trial that the defendant Deng knew that the tricycle was the proceeds of crime and still bought it. His behavior constitutes a cover-up and concealment of the crime. In view of the fact that the defendant Deng voluntarily surrendered himself to the public security organ and was able to truthfully confess his criminal facts, he surrendered himself and the defendant Deng actively paid the fine in advance, so he could be given a lighter punishment as appropriate. Combined with community correction opinions, the court made the above judgment according to law.
References:
Wen county Public Security Bureau Network-Criminal Law
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