Smuggling watches not only affects the national tax revenue, disrupts the market economic order, but also brings rights protection risks to consumers who buy smuggled watches, such as watch warranty and later maintenance. In particular, consumers who knowingly buy smuggled goods should bear corresponding legal responsibilities.
According to the provisions of Article 155 of the Criminal Law of People's Republic of China (PRC), anyone who illegally purchases goods prohibited by the state directly from a smuggler or illegally purchases other smuggled goods and articles directly from a smuggler shall be punished as smuggling. Whoever buys smuggled goods in large quantities shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the tax payable.
Tax-related individuals who purchase more than 654.38+10,000 yuan and units who purchase more than 200,000 yuan shall be investigated for criminal responsibility.
In addition, there is another case, if this watch is made of rare wild animals or materials prohibited by law, the buyer should also bear the relevant legal responsibilities.
1. Is it illegal to buy something stolen by others?
1. Whether it is illegal to buy something stolen by others depends on the situation:
(1) If you really don't know, it doesn't constitute a crime;
(2) It is illegal to buy and sell stolen goods knowing that they are stolen goods, which may be suspected of covering up the crime. The establishment of this crime needs to know that the purchased goods are stolen goods obtained from crime. The amount of the crime of buying stolen goods must reach the legal standard before it can be determined as a crime.
2. Legal basis: Article 312th of the Criminal Law of People's Republic of China (PRC).
Whoever conceals, conceals, transfers, purchases, sells on behalf of others, or conceals or conceals the crime, 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.
Second, what are the constitutive elements of the crime of sheltering?
1, the object of crime is the normal activities of judicial organs and social management order;
2. The objective aspect of crime refers to the behavior of the perpetrator who tries to conceal the proceeds of crime by hiding, transferring or buying.
3, the subject is the general subject, the subjective performance is that the actor knows that his behavior constitutes a crime.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 3 12 of the Civil Code of People's Republic of China (PRC)
The owner or other obligee has the right to recover the lost property. If the lost property is occupied by others through transfer, the obligee has the right to claim damages from the person who has no right to dispose of it or request the transferee to return the original property within two years from the date when he knows or should know the transferee. However, if the transferee buys the lost property by auction or from a qualified operator, the obligee shall pay the fees paid by the transferee when requesting the return of the original property. After paying the fee to the transferee, the creditor has the right to recover from the unauthorized person.
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 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.