Concealing a crime should be identified through the following elements:
1, the object of infringement is the normal activities of judicial organs to identify crimes and recover the proceeds and benefits of crimes.
2. Subjectively, it is intentional.
3. knowingly harboring, transferring, purchasing, selling on behalf of others, or concealing or concealing by other means.
4. The perpetrator is a natural person who has reached the age of 16 and has criminal responsibility.
What is the sentencing standard for the crime of concealing or concealing the proceeds of crime?
1, which constitutes the crime of concealing or concealing, the starting point of sentencing can be determined within the corresponding range according to the following different situations:
(1) If the circumstances of the crime are general, the starting point of sentencing can be determined within the range of three months of criminal detention to six months of fixed-term imprisonment.
(2) If the circumstances are serious, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.
2. On the basis of the starting point of sentencing, the amount of punishment can be increased according to the amount of crime and other criminal facts that affect the composition of the crime, and the benchmark punishment can be determined.
(1) Whoever conceals, transfers, purchases or sells stolen goods for more than 5,000 yuan but less than 1000 yuan, or conceals, transfers, purchases or sells stolen goods for many times, and the accumulated amount is more than 3,000 yuan but less than 6,000 yuan, the benchmark punishment is a fine.
(2) Whoever conceals, transfers, purchases or sells stolen goods in an amount of 65,438+10,000 yuan but less than 65,438+10,000 yuan, or conceals, transfers, purchases or sells stolen goods for many times, and the accumulated amount is more than 6,000 yuan but less than 65,438+10,000 yuan, the benchmark punishment shall be public surveillance.
(3) Whoever conceals, transfers, purchases or sells stolen goods in an amount of more than 1.5 million yuan but less than 20,000 yuan, or conceals, transfers, purchases or sells stolen goods for many times, and the accumulated amount is more than 1.5 million yuan, the benchmark punishment shall be criminal detention.
(4) Whoever conceals, transfers, purchases or sells stolen goods for 20,000 yuan or conceals, transfers, purchases or sells stolen goods for many times, and the accumulated amount reaches 6,543,800 yuan+0.5 million yuan, the benchmark punishment is fixed-term imprisonment of not more than six months. For every additional 4,000 yuan, the sentence will be increased by one month.
As can be seen from the above, in the actual identification of a crime, it is necessary to clearly distinguish the constituent elements, including objective aspects, subjective aspects, objects and subjects.
Legal basis:
Criminal law of the people's Republic of China
Article 3 12
Whoever knowingly conceals, transfers, purchases, sells on behalf of others or conceals or conceals 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.