For the crime of harboring drug criminals, China's criminal law stipulates that those who commit this crime can be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and if the circumstances are serious, they can also be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Then, what is the sentencing of the crime of harboring drug criminals in our criminal law? Let's take a look at it with the small series of the French Open. (a) if the circumstances are ordinary, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. (2) Whoever commits this crime shall be given a heavier punishment in accordance with the above provisions. Article 349 of the Criminal Law Whoever harbors criminals who smuggle, sell, transport or manufacture drugs, harbors, transfers or conceals drugs or property obtained from crimes for criminals, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Drug dealers or other state functionaries who harbor or protect criminals who smuggle, sell, transport or manufacture drugs shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Whoever commits the crimes mentioned in the preceding two paragraphs and conspires in advance shall be punished as the crime of smuggling, selling, transporting and manufacturing drugs. Identification of the crime of harboring drug criminals The crime of harboring drug criminals should be based on all the circumstances of the whole case. If the drug-related crimes committed by the sheltered drug criminals are minor, the amount of drugs is small, the punishment is light, or criminal responsibility is not required, and the subjective malignancy of the drug-related criminals is relatively small, then the shielding behavior itself is less harmful to society and is generally not punished as a crime. In practice, we should pay attention to correctly distinguish the boundary between this crime and uninformed behavior. "Knowing that you are a drug criminal" means not reporting to the judicial organs, not making false certificates to the judicial organs, and not providing active help to criminals. This kind of negative inaction is manifested as negative inaction. Because our country's law does not stipulate that you know not to raise the crime, it does not constitute the crime of harboring drug criminals. 3. What are the criteria for the seriousness of the crime of harboring drug criminals? (1) The sheltered criminal should be sentenced to fixed-term imprisonment of not less than 15 years according to law; (2) harboring more than one criminal who smuggles, sells, transports or manufactures drugs; (3) Seriously obstructing judicial organs from investigating drug crimes committed by sheltered criminals; (4) Other serious circumstances. The above is the relevant content of how to measure the penalty for the crime of harboring drug criminals in our criminal law. I hope it will help everyone. If there are any legal problems, it is recommended to consult a professional lawyer of the French Open.
Legal objectivity:
criminal law
Article 349
Whoever harbors criminals who smuggle, sell, transport or manufacture drugs, or harbors, transfers or conceals drugs or property obtained from crimes for criminals, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance;
If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Drug dealers or other state functionaries who harbor or protect criminals who smuggle, sell, transport or manufacture drugs shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever commits the crimes mentioned in the preceding two paragraphs and conspires in advance shall be punished as the crime of smuggling, selling, transporting and manufacturing drugs.