First, what kind of behavior will constitute the crime of harboring?
The crime of harboring is a typical act of helping afterwards. There are two points to note here:
First, there is no * * * in advance.
If the perpetrator conspires with others in advance and helps them to sell stolen goods or cover up after committing a crime, it does not constitute this crime, but it constitutes the * * * offender of the aforementioned crime;
Second, help behavior.
If the perpetrator sells the stolen goods afterwards, or conceals it, it does not constitute this crime, because from common sense, they cannot be expected not to do such a thing.
Then, after understanding the characteristics of the crime of harboring, let's talk about how to punish this crime in general.
China's criminal law stipulates:
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years and fined.
Second, how to fight for non-prosecution?
Non-prosecution means that the case ends at the stage of examination and prosecution, that is, the case will not be transferred to the court, nor will it leave a criminal record for the parties.
In judicial practice, there are three types of non-prosecution:
If the parties have evidence to prove that it was illegal to "not know" at that time, then it naturally does not constitute a crime, that is, it is legally not to prosecute;
If there is no relevant evidence to prove that the parties have committed the crime of harboring, that is, if they are in doubt, they will not prosecute;
If it does constitute this crime, but the degree of participation is low, the role is small, and there is only a small amount of illegal income, then if the parties are willing to plead guilty, return the stolen money and truthfully confess the facts of the crime, then it may constitute a discretionary non-prosecution.
According to the provisions of Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases Offended by Concealing or Concealing Crimes:
Whoever conceals or conceals the proceeds of crime and the income generated therefrom, complies with the provisions of Article 1 of this Interpretation, pleads guilty and repents, and returns the stolen money or compensation under any of the following circumstances, can be considered as a minor crime and exempted from criminal punishment:
Having a statutory lenient punishment;
(2) Concealing or disguising the proceeds of crime and the profits generated by it for close relatives, which is a first-time offender or an occasional offender;
(3) There are other minor circumstances.
Therefore, if we want to fight for non-prosecution, we need to comprehensively consider the amount of the crime of harboring, the harmful consequences, the degree of harm of upstream crimes and other criminal facts, sentencing circumstances, as well as the defendant's subjective malignancy, personal danger, confession and repentance.
Third, advice to family members.
Judging from judicial practice, the procuratorate has strict examination and consideration on whether to prosecute.
If there is no lawyer to give professional advice, it is difficult for the parties to realize which facts are beneficial to their sentencing. However, if a professional and responsible criminal defense lawyer is hired, the lawyer can explain the relevant situation by submitting defense opinions, so as to better win the result of non-prosecution for the parties to the case-handling organ.
After all, once the procuratorate decides not to prosecute, it means that there will be no criminal record.
Therefore, I sincerely suggest that all family members ask lawyers to intervene as soon as possible, so that they can make the most favorable choice at all stages and strive for better results.