Delay the filing standard of concealing the proceeds of crime

The filing criteria for delaying the concealment of criminal proceeds are as follows:

1. Concealing or concealing the proceeds of crime and the income generated by it, with the value ranging from 3,000 yuan to 10,000 yuan;

2. Having received administrative punishment for concealing or concealing the proceeds of crime and its proceeds within one year, and having concealed or concealed the proceeds of crime and its proceeds;

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;

4. Concealing or disguising makes it impossible to investigate and deal with upstream crimes in time, resulting in irreparable losses to public and private property;

5, the implementation of other acts of concealing and concealing the proceeds of crime and the income generated by it, which hinders the judicial organs from investigating the upstream crimes.

The constitutive requirements for concealing the proceeds of crime are as follows:

1, object elements, the object of concealing a crime should be the activities of judicial organs to normally identify crimes and recover the proceeds and benefits of crimes;

2. Subjective elements, the elements of concealing a crime must be knowing that the item may be the proceeds of crime and the proceeds of crime. As long as the actor knows that the article may be the proceeds of crime, he should assume that he knows it subjectively, and the actor must know that it is the proceeds of crime of others and the proceeds of crime, not the general illegal income;

3, objective elements, cover up the criminal objectively harboring, transferring, purchasing, selling on behalf of or otherwise concealing or concealing;

4. Subject elements, the subject of concealing the crime is the general subject, that is, a natural person who has reached the age of 16 and has the ability of criminal responsibility.

To sum up, once stolen, it will be very difficult to recover stolen goods, mainly because many recidivists have mature stolen goods networks, and once stolen goods are transferred, it is difficult to recover them. Therefore, concealing crimes is extremely harmful to society and should be severely punished; This crime refers to the act of concealing, transferring, buying, selling on behalf of others or concealing or concealing in other ways knowing that it is the proceeds of crime and the income generated by it.

Legal basis:

Article 3 12 of the Criminal Code of People's Republic of China (PRC).

Whoever conceals, conceals, transfers, purchases, sells on behalf of others, or conceals or conceals the crime, 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.