Concealing or concealing the serious offense of a crime means concealing or concealing the offense of a crime and its income of more than 100,000 yuan; Covering up or concealing for more than ten times, or covering up for more than three times with an amount of more than 50,000 yuan; Concealing or concealing that the proceeds of crime are specific money and materials such as power equipment, emergency rescue and disaster relief, and the value is more than 50,000 yuan; And hinder the judicial organs from investigating upstream crimes.
Ensure that crime and punishment are compatible, and protect the legitimate rights and interests of criminal suspects while cracking down on crime;
1, the size of the crime, concealing and concealing the proceeds of the crime and the amount of its proceeds often show the subjective malignancy of the criminals and the harm to normal judicial activities and social management order. Therefore, a huge amount of behavior should be considered as "serious", combined with the Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Theft, Robbery, Fraud and Robbery of Motor Vehicles" (hereinafter referred to as "Interpretation")
2, the number of criminal acts, when the number of criminal acts is numerous, beyond a certain amount, at this time the perpetrator often has strong social harm. In practice, even many criminal acts are based on buying and selling stolen goods, which has a very bad influence. Therefore, if there are a large number of acts of concealing and concealing the proceeds of crime, it should be considered as "serious circumstances". Combined with the relevant provisions in the Interpretation, the number of acts should be at least five.
3. The seriousness of the original sin. The criminal law of our country defines the act of concealing and concealing the proceeds of crime and its proceeds as a crime, taking into account both the obstruction of the judicial organ's prosecution of the original crime and the encouraging factors of the act. Therefore, when the behavior of knowing the original crime is bad in nature and serious in social harm, the punishment for concealing and concealing the proceeds of crime and its proceeds should also be increased.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Concealing or Concealing the Proceeds of Crime and the Proceeds of Crime.
Concealing or concealing the proceeds of a crime and its proceeds, in any of the following circumstances, shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 312 of the Criminal Law:
(1) Concealing or concealing the proceeds of crime, the amount of which is more than 100,000 yuan;
(2) Concealing or concealing the proceeds of crime and the income generated by it for more than ten times, or more than three times, with a total value of more than 50,000 yuan;
(3) Concealing or disguising the proceeds of crime as power equipment, transportation facilities, radio and television facilities, public telecommunication facilities, military facilities or disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief funds and materials with a total value of more than 50,000 yuan;
(4) Other acts of concealing or concealing the proceeds of crime and the income generated thereby, which seriously hinders the judicial organs from investigating the upstream crimes.