1. Knowing that the article may be criminal proceeds, as long as the actor knows that the article may be criminal proceeds, he should assume that he knows it subjectively, without requiring the actor to know what specific criminal proceeds, how to obtain it, what it is and what its value is.
2. The conviction of concealing the crime is based on the fact that the upstream crime was established. If the upstream crime is not judged according to law, but it is verified, it will not affect the determination of the crime of concealing or concealing the proceeds of crime and the proceeds of crime.
What is the general sentence for covering up crimes?
Anyone who generally covers up a 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, they are generally sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and fined; If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel 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.
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Legal basis: People's Republic of China (PRC) Criminal Law.
Article 312 Whoever conceals or conceals the proceeds of crime, or knowingly conceals, transfers, purchases or sells them on behalf of others, or conceals or conceals them 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.