Crime of concealing illegal income digital currency
Publish: 2021-05-18 15:51:35
1. General article 312 Whoever knowingly harbours, transfers, purchases, sells for others, or conceals or conceals by other means the proceeds of a crime or the proceeds therefrom 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
Special Drugs & lt/ SPAN>& lt;/ SPAN>& lt;/ SPAN> Article 191 in order to cover up or conceal the source and nature of the proceeds from drug crimes, organized crimes of underworld nature, crimes of terrorist activities, crimes of smuggling, crimes of embezzlement and bribery, crimes of disrupting the order of financial management and crimes of financial fraud, and in one of the following ways, the proceeds from the above crimes and the proceeds therefrom shall be confiscated, They shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than five percent but not more than 20 percent of the amount of money laundering; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than five percent but not more than 20 percent of the money laundered: (1) providing a fund account< (2) assisting in the conversion of property into cash, financial instruments or securities
(3) assisting fund transfer through transfer or other settlement methods< (4) helping to remit funds overseas< (5) covering up or concealing the source and nature of the proceeds of crime and its proceeds by other means.
Special Drugs & lt/ SPAN>& lt;/ SPAN>& lt;/ SPAN> Article 191 in order to cover up or conceal the source and nature of the proceeds from drug crimes, organized crimes of underworld nature, crimes of terrorist activities, crimes of smuggling, crimes of embezzlement and bribery, crimes of disrupting the order of financial management and crimes of financial fraud, and in one of the following ways, the proceeds from the above crimes and the proceeds therefrom shall be confiscated, They shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than five percent but not more than 20 percent of the amount of money laundering; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than five percent but not more than 20 percent of the money laundered: (1) providing a fund account< (2) assisting in the conversion of property into cash, financial instruments or securities
(3) assisting fund transfer through transfer or other settlement methods< (4) helping to remit funds overseas< (5) covering up or concealing the source and nature of the proceeds of crime and its proceeds by other means.
2. Crime of covering up and concealing criminal income or proceeds of criminal income (article 312 of the criminal law)
(1) those who have one of the following circumstances shall be put on file for prosecution, 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:
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2. Those who have received administrative punishment for covering up or concealing within one year, and then covered up or concealing
3. Covering up or concealing power equipment, transportation facilities, radio and television facilities, public telecommunications facilities, military facilities or relief, emergency, preferential care, poverty alleviation, immigration, relief funds and materials
4. The act of covering up or concealing makes it impossible to investigate and deal with the upstream crime in time, and causes irreparable loss of public or private property
5. Other acts of covering up or concealing are carried out to hinder the judicial organs from investigating the upstream crimes
6. Knowingly transferring, purchasing, selling on behalf of others or covering up or concealing by other means the data obtained by the crime of illegal acquisition of computer information system data or the control right of computer information system obtained by the crime of illegal control of computer information system, and the amount of illegal gains reaches 5000 yuan
7. The number of wild animals that are illegally hunted is up to 50< (2) those who have one of the following circumstances shall file a case for prosecution, be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and be fined:
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2. Covering up or concealing for 10 times, or three times, with a total value of more than 50000 yuan
3 covering up or concealing power equipment, transportation facilities, radio and television facilities, public telecommunications facilities, military facilities or relief, emergency, preferential care, poverty alleviation, immigration and relief funds and materials with a total value of 50000 yuan
4. The act of covering up or concealing makes it impossible to investigate and deal with the upstream crime in time, and causes irreparable loss of public or private property or other serious consequences
5. Other acts of covering up or concealing seriously hinder the judicial organs from investigating the upstream crimes
6. Knowingly transferring, purchasing, selling on behalf of others or covering up or concealing in other ways the data obtained by the crime of illegally obtaining computer information system data or the control right of computer information system obtained by the crime of illegally controlling computer information system, and the amount of illegal gains reaches 50000 yuan
7. Cover up or conceal five motor vehicles stolen, robbed, swindled or robbed, or the total value reaches 500000 yuan
8. With other serious circumstances.
(1) those who have one of the following circumstances shall be put on file for prosecution, 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:
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2. Those who have received administrative punishment for covering up or concealing within one year, and then covered up or concealing
3. Covering up or concealing power equipment, transportation facilities, radio and television facilities, public telecommunications facilities, military facilities or relief, emergency, preferential care, poverty alleviation, immigration, relief funds and materials
4. The act of covering up or concealing makes it impossible to investigate and deal with the upstream crime in time, and causes irreparable loss of public or private property
5. Other acts of covering up or concealing are carried out to hinder the judicial organs from investigating the upstream crimes
6. Knowingly transferring, purchasing, selling on behalf of others or covering up or concealing by other means the data obtained by the crime of illegal acquisition of computer information system data or the control right of computer information system obtained by the crime of illegal control of computer information system, and the amount of illegal gains reaches 5000 yuan
7. The number of wild animals that are illegally hunted is up to 50< (2) those who have one of the following circumstances shall file a case for prosecution, be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and be fined:
1
2. Covering up or concealing for 10 times, or three times, with a total value of more than 50000 yuan
3 covering up or concealing power equipment, transportation facilities, radio and television facilities, public telecommunications facilities, military facilities or relief, emergency, preferential care, poverty alleviation, immigration and relief funds and materials with a total value of 50000 yuan
4. The act of covering up or concealing makes it impossible to investigate and deal with the upstream crime in time, and causes irreparable loss of public or private property or other serious consequences
5. Other acts of covering up or concealing seriously hinder the judicial organs from investigating the upstream crimes
6. Knowingly transferring, purchasing, selling on behalf of others or covering up or concealing in other ways the data obtained by the crime of illegally obtaining computer information system data or the control right of computer information system obtained by the crime of illegally controlling computer information system, and the amount of illegal gains reaches 50000 yuan
7. Cover up or conceal five motor vehicles stolen, robbed, swindled or robbed, or the total value reaches 500000 yuan
8. With other serious circumstances.
3. Hello, according to the law of our country, the starting point of sentencing should be determined according to the following standards for the crime of covering up or concealing the proceeds of crime and the proceeds of crime:
1. If the circumstances of the crime are general, the amount of the crime is less than 10000 yuan and the penalty of freedom is required, the starting point of sentencing is from three months of criminal detention to six months of fixed-term imprisonment
2. For those who buy stolen goods for their own use, the amount of the crime is less than 20000 yuan and need to be sentenced to freedom penalty, the starting point of sentencing is from three months of criminal detention to six months of fixed-term imprisonment< For covering up or concealing the criminal income, involving more than five motor vehicles, or covering up or concealing the criminal income, the total value of the criminal income reaches more than 500000 yuan, the starting point of sentencing is fixed-term imprisonment of three to four years
based on the starting point of sentencing. The amount of penalty can be increased according to the amount of crime and other criminal facts that affect the constitution of the crime, and the benchmark penalty can be determined. Generally, it can be mastered according to the following standards:
1. If the amount of crime is less than 130000 yuan, every increase of 20000 yuan will increase by one month
2. The amount of crime is between 130000 yuan and 500000 yuan, and for every 15000 yuan increase, the fixed-term imprisonment will be increased by one month
3. If the amount of crime is more than 500000 yuan, for every 100000 yuan increase, the fixed-term imprisonment will be increased by 3 months
4. For each additional act of covering up or concealing criminal income or proceeds of criminal income, it will be increased by 3 months< In case of any of the following circumstances, the standard penalty can be increased by less than 20%.
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2. The object of the crime involves national security, public security or major public interests< 4. For those who buy stolen goods for their own use, the benchmark penalty can be reced by less than 30%. Unless otherwise specified in this section.
1. If the circumstances of the crime are general, the amount of the crime is less than 10000 yuan and the penalty of freedom is required, the starting point of sentencing is from three months of criminal detention to six months of fixed-term imprisonment
2. For those who buy stolen goods for their own use, the amount of the crime is less than 20000 yuan and need to be sentenced to freedom penalty, the starting point of sentencing is from three months of criminal detention to six months of fixed-term imprisonment< For covering up or concealing the criminal income, involving more than five motor vehicles, or covering up or concealing the criminal income, the total value of the criminal income reaches more than 500000 yuan, the starting point of sentencing is fixed-term imprisonment of three to four years
based on the starting point of sentencing. The amount of penalty can be increased according to the amount of crime and other criminal facts that affect the constitution of the crime, and the benchmark penalty can be determined. Generally, it can be mastered according to the following standards:
1. If the amount of crime is less than 130000 yuan, every increase of 20000 yuan will increase by one month
2. The amount of crime is between 130000 yuan and 500000 yuan, and for every 15000 yuan increase, the fixed-term imprisonment will be increased by one month
3. If the amount of crime is more than 500000 yuan, for every 100000 yuan increase, the fixed-term imprisonment will be increased by 3 months
4. For each additional act of covering up or concealing criminal income or proceeds of criminal income, it will be increased by 3 months< In case of any of the following circumstances, the standard penalty can be increased by less than 20%.
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2. The object of the crime involves national security, public security or major public interests< 4. For those who buy stolen goods for their own use, the benchmark penalty can be reced by less than 30%. Unless otherwise specified in this section.
4. Hello
1. According to what you said and the law, the sentence is about one year and one month; Combined with the fact that l has been obtained, it is more likely to be sentenced to probation< (2) if you want to get a suspended sentence, you must meet the following conditions:
1. You have no criminal record (except for negligent crimes), or you have been given more than three administrative punishments
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4. Pay a fine (if necessary)< The fine is about 3000 yuan, subject to the amount notified by the court.
1. According to what you said and the law, the sentence is about one year and one month; Combined with the fact that l has been obtained, it is more likely to be sentenced to probation< (2) if you want to get a suspended sentence, you must meet the following conditions:
1. You have no criminal record (except for negligent crimes), or you have been given more than three administrative punishments
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4. Pay a fine (if necessary)< The fine is about 3000 yuan, subject to the amount notified by the court.
5. The working manual of the procuratorate of judicial interpretation of criminal law and other documents do not specify the amount of money required to constitute the crime.
for example, a sells stolen goods to B at an obvious low price.
in practical operation, the procuratorate examines whether a constitutes a crime of theft.
only when a constitutes a crime of theft, can b be investigated for concealment and theft The crime of concealing the crime
If a only steals once and the goods do not meet the filing standard of theft, then B cannot be investigated for the crime of concealing or concealing the crime
If a steals many times but the value of only one or more goods sold to B does not meet the filing standard of theft, B also constitutes concealment, concealment and concealment Concealing the crime of
that is: on the premise that a constitutes theft, no matter how much stolen goods are sold to B, B constitutes concealing the crime of
hope to help you
for example, a sells stolen goods to B at an obvious low price.
in practical operation, the procuratorate examines whether a constitutes a crime of theft.
only when a constitutes a crime of theft, can b be investigated for concealment and theft The crime of concealing the crime
If a only steals once and the goods do not meet the filing standard of theft, then B cannot be investigated for the crime of concealing or concealing the crime
If a steals many times but the value of only one or more goods sold to B does not meet the filing standard of theft, B also constitutes concealment, concealment and concealment Concealing the crime of
that is: on the premise that a constitutes theft, no matter how much stolen goods are sold to B, B constitutes concealing the crime of
hope to help you
6. It's a downstream crime. It's very light. It's usually a probation. Basically no jail time
after looking at your inquiry, I think that you do not constitute a crime. You belong to a lien contract of civil law, and he does not give you the repair fee. You take his car as a lien and then pay yourself first. This is a legal act. However, your biggest problem is that you have recorded a confession, and you are a car market with black cars. It is possible to determine that you have harbored or transferred the proceeds of crime. Therefore, I think you'd better find a good defense lawyer, and the best result is to become an innocent defense.
after looking at your inquiry, I think that you do not constitute a crime. You belong to a lien contract of civil law, and he does not give you the repair fee. You take his car as a lien and then pay yourself first. This is a legal act. However, your biggest problem is that you have recorded a confession, and you are a car market with black cars. It is possible to determine that you have harbored or transferred the proceeds of crime. Therefore, I think you'd better find a good defense lawyer, and the best result is to become an innocent defense.
7. 1\“ The new crime of "covering up or concealing the crime" comes from the amendment (6) to the criminal law passed and promulgated by the Standing Committee of the National People's Congress on June 29, 2006. The amendment changes article 312 of the criminal law to "concealing, transferring, purchasing, selling on behalf of, or concealing or concealing by other means, knowing that it is the proceeds of a crime and the income it generates.", And then in the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases related to theft, robbery, fraud and snatching of motor vehicles (hereinafter referred to as the "interpretation") issued by the Supreme People's court and the Supreme People's Procuratorate on May 11, 2007, it further clarified that "covering up, concealing the proceeds of crime The crime of gains from crime is a new crime< br />\
8. How to sentence a person who has committed the crime of covering up or concealing the proceeds of crime or the proceeds of crime< Article 312 of criminal law of the people's Republic of China (1997 Revision) Whoever knowingly conceals, transfers, purchases or sells stolen goods derived from 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< (2) sentencing for the crime of covering up or concealing criminal income or gains from crime; (2) sentencing for the crime of covering up or concealing criminal income or gains from crime; (2) sentencing for the crime of covering up or concealing criminal income or gains from crime; (3) sentencing starting point and benchmark penalty for the statutory penalty of less than three years of fixed-term imprisonment or criminal detention; (3) if the amount of covering up or concealing criminal income or gains from crime reaches 5000 yuan, the sentencing starting point shall be determined within the range from three months of criminal detention to nine months of fixed-term< The starting point of sentencing shall be determined from three months of criminal detention to nine months of fixed-term imprisonment for those who knowingly commit one of the following acts of theft, robbery, fraud or snatching of motor vehicles: buying and selling, introcing buying and selling, pawning, auction, mortgage or using them to pay debts; Dismantling, assembling or assembling; Modifying engine number and vehicle identification number; Changing the body color or vehicle shape; Providing or selling certificates of the origin of motor vehicles, complete vehicle certificates, license plates and other certificates and certificates related to motor vehicles; Providing or selling forged or altered certificates of origin of motor vehicles, complete vehicle certificates, license plates and other certificates and certificates related to motor vehicles
those who knowingly transfer, purchase, sell on behalf of others or cover up or conceal the data obtained by the crime of illegally obtaining computer information system data or the control right of computer information system obtained by the crime of illegally controlling computer information system, and whose illegal income reaches 5000 yuan, shall determine the starting point of sentencing within the range from three months of detention to nine months of fixed-term imprisonment
on the basis of the starting point of sentencing, we can increase the amount of penalty and determine the benchmark penalty according to the amount of crime and other criminal facts that affect the composition of the crime. In case of any of the following circumstances, the corresponding amount of penalty shall be increased:
(1) for every 20000 yuan increase in the amount of crime (including 1500 yuan increase in the amount of illegal gains from upstream crimes involving computer crimes), the sentence shall be increased by one month
(2) for each additional motor vehicle that conceals or conceals theft, robbery, fraud or robbery, the sentence will be increased by three to six months
(3) for each additional means or circumstances of crime, the sentence will be increased by one to two months
(4) other circumstances that can increase the amount of penalty
2. The starting point of sentencing and benchmark penalty for the statutory sentence of fixed-term imprisonment of three to seven years
covering up or concealing the proceeds of crime and the amount of the proceeds of crime should reach 500000 yuan, and the starting point of sentencing should be determined within the range of fixed-term imprisonment of three to six months to four years< The starting point of sentencing shall be determined within the range of three years, six months and four years of fixed-term imprisonment
knowing that it is the data obtained by the crime of illegal acquisition of computer information system data and the control right of computer information system obtained by the crime of illegal control of computer information system, it is transferred, purchased, sold on behalf of others or covered up or concealed by other means. If the illegal income reaches 50000 yuan, the starting point of sentencing shall be determined within the range of three years, six months and four years of fixed-term imprisonment
on the basis of the starting point of sentencing, we can increase the amount of penalty and determine the benchmark penalty according to the amount of crime and other criminal facts that affect the composition of the crime. In case of any of the following circumstances, the corresponding amount of penalty shall be increased:
(1) for every 30000 yuan increase in the amount of crime (including 3000 yuan increase in the amount of illegal gains from upstream crimes involving computer crimes), the sentence of one month shall be increased
(2) if there are more than five motor vehicles covering up or concealing theft, robbery, fraud or snatching, the sentence of three to six months will be increased for each additional one
(3) for each additional means or circumstances of crime, the sentence will be increased by one to two months
(4) other circumstances that can increase the amount of penalty< (1) covering up or concealing the proceeds of crime or the proceeds of crime for many times, or making a business of covering up or concealing the proceeds of crime or the proceeds of crime< (2) knowing that the upstream criminal act is serious
(3) the object of the crime involves national security, public security or major public interests
(4) other circumstances that can be given heavier punishment.
those who knowingly transfer, purchase, sell on behalf of others or cover up or conceal the data obtained by the crime of illegally obtaining computer information system data or the control right of computer information system obtained by the crime of illegally controlling computer information system, and whose illegal income reaches 5000 yuan, shall determine the starting point of sentencing within the range from three months of detention to nine months of fixed-term imprisonment
on the basis of the starting point of sentencing, we can increase the amount of penalty and determine the benchmark penalty according to the amount of crime and other criminal facts that affect the composition of the crime. In case of any of the following circumstances, the corresponding amount of penalty shall be increased:
(1) for every 20000 yuan increase in the amount of crime (including 1500 yuan increase in the amount of illegal gains from upstream crimes involving computer crimes), the sentence shall be increased by one month
(2) for each additional motor vehicle that conceals or conceals theft, robbery, fraud or robbery, the sentence will be increased by three to six months
(3) for each additional means or circumstances of crime, the sentence will be increased by one to two months
(4) other circumstances that can increase the amount of penalty
2. The starting point of sentencing and benchmark penalty for the statutory sentence of fixed-term imprisonment of three to seven years
covering up or concealing the proceeds of crime and the amount of the proceeds of crime should reach 500000 yuan, and the starting point of sentencing should be determined within the range of fixed-term imprisonment of three to six months to four years< The starting point of sentencing shall be determined within the range of three years, six months and four years of fixed-term imprisonment
knowing that it is the data obtained by the crime of illegal acquisition of computer information system data and the control right of computer information system obtained by the crime of illegal control of computer information system, it is transferred, purchased, sold on behalf of others or covered up or concealed by other means. If the illegal income reaches 50000 yuan, the starting point of sentencing shall be determined within the range of three years, six months and four years of fixed-term imprisonment
on the basis of the starting point of sentencing, we can increase the amount of penalty and determine the benchmark penalty according to the amount of crime and other criminal facts that affect the composition of the crime. In case of any of the following circumstances, the corresponding amount of penalty shall be increased:
(1) for every 30000 yuan increase in the amount of crime (including 3000 yuan increase in the amount of illegal gains from upstream crimes involving computer crimes), the sentence of one month shall be increased
(2) if there are more than five motor vehicles covering up or concealing theft, robbery, fraud or snatching, the sentence of three to six months will be increased for each additional one
(3) for each additional means or circumstances of crime, the sentence will be increased by one to two months
(4) other circumstances that can increase the amount of penalty< (1) covering up or concealing the proceeds of crime or the proceeds of crime for many times, or making a business of covering up or concealing the proceeds of crime or the proceeds of crime< (2) knowing that the upstream criminal act is serious
(3) the object of the crime involves national security, public security or major public interests
(4) other circumstances that can be given heavier punishment.
9. According to Article 312 of the criminal law of the people's Republic of China, whoever knowingly harbors, transfers, purchases, sells on behalf of others, or conceals or conceals by other means the proceeds of a 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 person in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph
- according to the latest provisions of the criminal law amendment (VII) of the people's Republic of China
in view of this case, we should pay attention to the following two issues concerning the crimes of covering up, concealing criminal income and benefiting from criminal income in article 312 of the revised criminal law:
(1) the subjective aspect of the perpetrator must be that he knowingly harbors, transfers, purchases, sells on behalf of the criminal income or conceals or conceals it by other means. The so-called knowingly, as long as it can prove that the perpetrator knows or should know (in fact, it is a kind of speculation, such as obviously lower than the market price without reasonable and legal proof) that the stolen goods are the proceeds of crime, it can be regarded as "knowingly"
(2) the acquisition here includes not only buying stolen goods for personal use, but also buying stolen goods for other people's use. If we buy at a low price for the purpose of selling, it is actually to cover up and conceal the crime
I hope my answer will help you<
answer to the supplementary question:
according to the provisions of articles 37-38 of the interpretation of the criminal procere law and the provisions of the six organs, after the people's court reviews the cases initiated by the people's Procuratorate, it should deal with them differently according to different situations: it clearly states that the cases that are not under the jurisdiction of the court or the defendant is not in the case should be returned to the people's Procuratorate. One of the differences between criminal procere and civil procere is that criminal cases cannot be judged by default
note: in China's criminal law, "crime of selling stolen goods" has been changed to "crime of covering up or concealing the proceeds of crime or the proceeds of crime".
- according to the latest provisions of the criminal law amendment (VII) of the people's Republic of China
in view of this case, we should pay attention to the following two issues concerning the crimes of covering up, concealing criminal income and benefiting from criminal income in article 312 of the revised criminal law:
(1) the subjective aspect of the perpetrator must be that he knowingly harbors, transfers, purchases, sells on behalf of the criminal income or conceals or conceals it by other means. The so-called knowingly, as long as it can prove that the perpetrator knows or should know (in fact, it is a kind of speculation, such as obviously lower than the market price without reasonable and legal proof) that the stolen goods are the proceeds of crime, it can be regarded as "knowingly"
(2) the acquisition here includes not only buying stolen goods for personal use, but also buying stolen goods for other people's use. If we buy at a low price for the purpose of selling, it is actually to cover up and conceal the crime
I hope my answer will help you<
answer to the supplementary question:
according to the provisions of articles 37-38 of the interpretation of the criminal procere law and the provisions of the six organs, after the people's court reviews the cases initiated by the people's Procuratorate, it should deal with them differently according to different situations: it clearly states that the cases that are not under the jurisdiction of the court or the defendant is not in the case should be returned to the people's Procuratorate. One of the differences between criminal procere and civil procere is that criminal cases cannot be judged by default
note: in China's criminal law, "crime of selling stolen goods" has been changed to "crime of covering up or concealing the proceeds of crime or the proceeds of crime".
10. Whoever knowingly harbours, transfers, purchases, sells on behalf of others, or conceals or conceals by other means the proceeds derived from a 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 person in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
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