Shanxi Province, for example, in terms of the amount of money, does not constitute a crime, will not be sentenced, did not meet the criteria for filing a case for prosecution, but should be sentenced to public security punishment.?
The Criminal Law Article 312 disguise, concealment of the proceeds of crime, proceeds of crime crime know that the proceeds of crime and the proceeds of crime and to be harbored, transferred, acquired, sold on behalf of, or otherwise disguise, conceal, shall be sentenced to less than three years' fixed-term imprisonment, criminal detention, or control, and a fine or a single fine; the circumstances are serious, the penalty shall be a fixed-term imprisonment of more than three years to less than seven years, and a fine. ?
Where a unit commits the crime in the preceding paragraph, the unit shall be sentenced to a fine, and its directly responsible supervisors and other directly responsible persons shall be punished in accordance with the provisions of the preceding paragraph. ?
The Rules for the Implementation of the Higher People's Court of Shanxi Province's Guidelines on Sentencing for Common Crimes?
1. If a person constitutes the crime of disguising or concealing the proceeds of crime or the proceeds of crime, the starting point of sentencing can be determined within the corresponding range according to the following different circumstances:?
(1) the amount of concealment, concealment of proceeds of crime, proceeds of crime amounted to 5,000 yuan, or knowing that it is the data obtained by the crime of illegal acquisition of computer information system data, illegal control of computer information system control obtained by the crime of illegal control of computer information system, but to be transferred, acquired, sold on behalf of, or otherwise disguised, hidden, and the illegal proceeds amounted to 5,000 yuan.
Or knowingly stealing, robbing, swindling, snatching of motor vehicles, the implementation of the "Supreme People's Court, the Supreme People's Procuratorate on the handling of motor vehicle theft, robbery, swindling, snatching motor vehicle-related criminal cases on the specific application of the law of the Interpretation of the first paragraph of Article 1 of one of the acts provided for in the custodial, six months of fixed-term imprisonment within the range to determine the starting point of sentencing;?
(2) If the amount of concealment or concealment of the proceeds of crime or proceeds of crime reaches 500,000 yuan, or if the amount of concealment or concealment of motor vehicles stolen, robbed, swindled, or snatched reaches five or the total value of which reaches 500,000 yuan, the starting point of the sentencing can be determined within the range of three to four years of fixed-term imprisonment;?
2. On the basis of the starting point for sentencing, the amount of penalty may be increased according to other criminal facts affecting the composition of the crime, such as the amount of the crime, to determine the base sentence:?
(1) If the circumstances are general, for every 15,000 yuan increase in the amount of the crime, increase the sentence by one month; if the predicate crime is a computer-related crime, for every 1,500 yuan increase in the amount of the crime, increase the sentence by one month;?
(2) in aggravating circumstances, for each additional 30,000 yuan in the amount of the crime, the sentence shall be increased by one month; if the predicate crime is a computer-related crime, for each additional 3,000 yuan in the amount of the crime, the sentence shall be increased by one month;?
(3) other circumstances that can increase the amount of penalty.?
3. If one of the following circumstances exists, the base sentence may be increased by up to 20 percent:?
(1) disguising or concealing disaster relief, rescue, flood control, favor, relief and medical payments;?
(2) Knowing that the predicate offense is more serious;?
(3) who makes a business out of disguising or concealing the proceeds of crime or the proceeds of crime;?
(4) other circumstances that may lead to heavier punishment.?
4. Acquiring stolen goods for personal use can reduce the base sentence by up to 20 percent.?
Article 59 of the Law on Punishment for Public Security Administration imposes a fine of not less than 500 yuan and not more than 1,000 yuan on anyone who commits any of the following acts; if the circumstances are serious, he or she shall be detained for not less than 5 days and not more than 10 days, and shall be fined not less than 500 yuan and not more than 1,000 yuan:?
(1) Pawnshop staff to undertake pawned goods, do not check the relevant certificates, do not fulfill the registration procedures, or knowingly suspected lawbreakers and criminals, stolen goods, and do not report to the public security organs;?
(2) violation of state regulations, the acquisition of railroads, oil fields, power supply, telecommunications, mining, water conservancy, surveying and urban utilities and other waste special equipment;?
(C) the acquisition of public security organs to inform the search for stolen goods or suspected stolen goods;?
(D) the acquisition of other items prohibited by the State.?
Article 60 Anyone who commits any of the following acts shall be sentenced to detention for not less than five days and not more than ten days, and shall be fined not less than 200 yuan and not more than 500 yuan:?
(1) concealing, transferring, selling or destroying property seized, sealed or frozen by administrative law enforcement agencies in accordance with law;?
(2) forgery, concealment, destruction of evidence or provide false testimony, false reporting, affecting the administrative law enforcement agencies in accordance with the case;?
(C) knowingly harboring, transferring or selling on behalf of the stolen goods;?
(4) criminals who have been legally executed for control, deprivation of political rights or are on probation or temporary release from prison, or those who have been subject to criminal compulsory measures in accordance with the law, have violated the laws, administrative regulations or the supervision and management provisions of the relevant departments of the State Council.
Expanded information:
Criteria for filing a case for the crime of disguising or concealing the proceeds of crime or proceeds of crime?
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Criminal Cases of Concealing or Concealing the Proceeds of Crime or Proceeds of Crime?
Article 1: If a person who knows that it is the proceeds of crime and the proceeds generated therefrom, but harbors, transfers, acquires, sells on behalf of, or disguises or conceals them by other means, and has one of the following circumstances, he or she shall be convicted and punished for the crime of disguising or concealing the proceeds of crime or the proceeds therefrom in accordance with the provisions of Paragraph 1 of Article 312 of the Criminal Law:?
(1) the concealment or concealment of the proceeds of crime and the proceeds arising therefrom is valued at three thousand to ten thousand dollars or more;?
(ii) who has received an administrative penalty within one year for the act of disguising or concealing the proceeds of crime and the proceeds arising therefrom, and then commits the act of disguising or concealing the proceeds of crime and the proceeds arising therefrom;?
(3) disguise, conceal the proceeds of crime is electric equipment, transportation facilities, radio and television facilities, public telecommunications facilities, military facilities or disaster relief, rescue, flood control, preferential treatment, poverty alleviation, immigration, relief funds;?
(d) cover up, concealment of the behavior of the predicate crime can not be investigated and dealt with in a timely manner, and cause the loss of public and private property can not be recovered;?
(v) committing other acts of disguising or concealing the proceeds of crime and the proceeds generated therefrom, which impede the judicial authorities from pursuing the predicate offense.?
The Higher People's Courts of the provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the state of economic and social development in their respective regions and taking into account the state of social security, determine the specific amount of the standard to be enforced locally within the range of the amount stipulated in the first paragraph (1) of this Article, and report it to the Supreme People's Court for the record.?
Judicial interpretations of the disguise, concealment of the proceeds of crime involving computer information system data, computer information system control and the proceeds arising from it constitute a crime has been stipulated, the trial of such cases in accordance with the provisions of this...?
Baidu Encyclopedia - Shanxi Higher People's Court Implementing Rules for the Guidelines on Sentencing for Common Crimes
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