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Latest revision | 2022-11-24Browse 10w+
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The expert reading guide covers up a crime, and the sentencing standard is 3 to 7 years, and different penalties are imposed according to the circumstances of the crime. If the circumstances are very serious, he shall be sentenced to fixed-term imprisonment of not more than seven years; If the circumstances are generally serious, they shall be sentenced to fixed-term imprisonment of not more than three years. In either case, the proceeds of crime need to be confiscated.
What is the sentencing standard for concealing a crime?
What is the sentencing standard for concealing a crime?
First, what is the sentencing standard for concealing crimes?
Term of imprisonment for the crime of harboring: fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever knowingly conceals or transfers the proceeds of crime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
According to Article 312 of the Criminal Law, whoever knowingly conceals, transfers, purchases, sells on behalf of others 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 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.
Legal basis:
Article 3 12 of the Criminal Code of People's Republic of China (PRC).
Whoever knowingly conceals, transfers, purchases, sells on behalf of others or conceals or disguises 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.
Second, how to deal with the crime of attempted concealment?
According to the Criminal Law of People's Republic of China (PRC), if a crime has been committed, but it fails due to reasons other than the will of the criminals, it is an attempted crime.
Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime.
As for the extent of lighter or mitigated punishment, it is necessary to comprehensively consider the specific circumstances of the case to determine. However, if the circumstances are particularly bad, the consequences are serious and the personal danger is great, the attempted crime can also be treated as accomplished, and the punishment will not be lightened or mitigated.
The standard of identification of attempted crime should be the failure of criminal purpose due to the factors of the third party in the process of committing the crime. In practice, it is believed that there is also attempted crime in concealing crime, and the sentencing standard of this crime is fixed-term imprisonment ranging from 3 years to 7 years, and the punishment for attempted crime should be lighter.
(a) criminals have begun to commit crimes, which is the fundamental symbol to distinguish between attempted crime and criminal preparation.
Generally speaking, it should be analyzed according to the specific circumstances of the case and the objective elements stipulated in the relevant provisions of the specific provisions of the criminal law. In judicial practice, we should consider the following aspects:
1. The defendant's behavior must actually contact or approach the criminal object.
2. The defendant's behavior must pose a direct threat to the direct object of the crime.
3, behavior must be able to directly cause harmful consequences.
4. The behavior must be carried out under the control of the criminal will of the doer and can reflect his criminal will.
(2) The crime did not succeed.
This is another important element of attempted crime and an important symbol that distinguishes it from accomplished crime. Failure to succeed in committing a crime means that the behavior of the perpetrator has stopped after he has started to commit a crime. It has the following three forms:
1, the legal criminal result did not happen.
2. The crime is not completed.
3. It is an unusable legal dangerous state.
(3) The failure of the crime is due to reasons other than the will of the offender.
The attempted offender in the case of concealing the proceeds of crime can be given a lighter or mitigated punishment than the accomplished offender, and the specific amount of mitigation depends on the specific circumstances of the case. If the circumstances are particularly bad and the consequences are very serious, the attempted offender can also be punished equally according to the accomplished offender, and the punishment will not be mitigated.
What is the sentencing standard for concealing a crime?
Fatu officially produced
Latest revision | 2022-11-24Browse 10w+
Lvtu law consulting
A trustworthy good lawyer
Consult me
The expert reading guide covers up a crime, and the sentencing standard is 3 to 7 years, and different penalties are imposed according to the circumstances of the crime. If the circumstances are very serious, he shall be sentenced to fixed-term imprisonment of not more than seven years; If the circumstances are generally serious, they shall be sentenced to fixed-term imprisonment of not more than three years. In either case, the proceeds of crime need to be confiscated.
What is the sentencing standard for concealing a crime?
What is the sentencing standard for concealing a crime?
First, what is the sentencing standard for concealing crimes?
Term of imprisonment for the crime of harboring: fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever knowingly conceals or transfers the proceeds of crime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
According to Article 312 of the Criminal Law, whoever knowingly conceals, transfers, purchases, sells on behalf of others 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 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.
Legal basis:
Article 3 12 of the Criminal Code of People's Republic of China (PRC).
Whoever knowingly conceals, transfers, purchases, sells on behalf of others or conceals or disguises 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.
Second, how to deal with the crime of attempted concealment?
According to the Criminal Law of People's Republic of China (PRC), if a crime has been committed, but it fails due to reasons other than the will of the criminals, it is an attempted crime.
Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime.
As for the extent of lighter or mitigated punishment, it is necessary to comprehensively consider the specific circumstances of the case to determine. However, if the circumstances are particularly bad, the consequences are serious and the personal danger is great, the attempted crime can also be treated as accomplished, and the punishment will not be lightened or mitigated.
The standard of identification of attempted crime should be the failure of criminal purpose due to the factors of the third party in the process of committing the crime. In practice, it is believed that there is also attempted crime in concealing crime, and the sentencing standard of this crime is fixed-term imprisonment ranging from 3 years to 7 years, and the punishment for attempted crime should be lighter.
(a) criminals have begun to commit crimes, which is the fundamental symbol to distinguish between attempted crime and criminal preparation.
Generally speaking, it should be analyzed according to the specific circumstances of the case and the objective elements stipulated in the relevant provisions of the specific provisions of the criminal law. In judicial practice, we should consider the following aspects:
1. The defendant's behavior must actually contact or approach the criminal object.
2. The defendant's behavior must pose a direct threat to the direct object of the crime.
3, behavior must be able to directly cause harmful consequences.
4. The behavior must be carried out under the control of the criminal will of the doer and can reflect his criminal will.
(2) The crime did not succeed.
This is another important element of attempted crime and an important symbol that distinguishes it from accomplished crime. Failure to succeed in committing a crime means that the behavior of the perpetrator has stopped after he has started to commit a crime. It has the following three forms:
1, the legal criminal result did not happen.
2. The crime is not completed.
3. It is an unusable legal dangerous state.
(3) The failure of the crime is due to reasons other than the will of the offender.
The attempted offender in the case of concealing the proceeds of crime can be given a lighter or mitigated punishment than the accomplished offender, and the specific amount of mitigation depends on the specific circumstances of the case. If the circumstances are particularly bad and the consequences are very serious, the attempted offender can also be punished equally according to the accomplished offender, and the punishment will not be mitigated.