2022 standards for filing a case for concealing or concealing crimes.

1.What is the filing standard for concealing the proceeds of crime in 2022?

1, 2022 The criteria for filing a case against a crime of concealment are:

(1) Concealing or concealing the proceeds of crime and the profits generated by it, with the amount 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 carried out the act of concealing or concealing the proceeds of crime and its proceeds;

(3) Concealing or concealing that the proceeds of crime are 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.

2. Legal basis: Article 312th of the Criminal Law 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.

Second, what are the constitutive elements of the crime of concealing and concealing the proceeds of crime and the proceeds of crime?

1, object element. From the general object, the object of crime is the normal activity of judicial organs. Some people think that the specific object of concealing and concealing crimes is "the normal activities of judicial organs to recover property", while others think that it is "the activities of judicial organs to identify and prove crimes";

2. objective factors. The objective aspects of concealing and concealing crimes include "hiding, transferring, buying, selling on behalf of others or concealing and 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 concealing or concealing the crime;

3. Main elements. The subject offended by the crime of concealing or concealing is the general subject, that is, a natural person who has reached the age of 16 and has the ability of criminal responsibility. However, in theory, the subjects who are offended by concealing and concealing crimes do not include the perpetrators of upstream crimes, that is, the perpetrators who produce criminal proceeds, but other people who help criminals conceal and conceal their 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. Legal person can be the subject of the crime of concealing and concealing the proceeds of crime and the proceeds of crime;

4. Subjective factors. The requirement must be a kind of knowing, and there are two aspects that must be paid attention to in covering up and concealing the offense and proceeds of crime:

(1) knowing the content. It should be the proceeds of crime knowing that the article may be 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, without requiring the actor to know what the article is, how it was obtained, what it is and what its value is.

(2) the degree of knowledge. The actor must know that it is the criminal proceeds of others or criminal proceeds, not the general illegal income. Therefore, if the actor only knows that the article is the illegal income of others, then the violation is no longer the judicial order but the administrative order, and naturally it should not constitute the crime of concealing or concealing.