Whoever transfers, buys or sells for others while knowing that it is the proceeds of crime is generally recognized as the crime of selling stolen goods. At this time, the perpetrator must be investigated for criminal responsibility, so according to the provisions of China's criminal law, how should the crime of selling stolen goods be punished? I brought the contents of the sentencing standard for the crime of selling stolen goods to help you understand.
First, the sentencing standard of the crime of selling stolen goods.
1. the sixth amendment to the criminal law stipulates that the crime of concealing or selling stolen goods is changed from the original maximum penalty of three years to seven years. Amendment: XIX. Article 312 of the Criminal Law is amended as: "Whoever knowingly conceals, transfers, purchases, sells on his behalf 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 fined. "
2. "Serious circumstances" means that the case involves theft, robbery, fraud or robbery of more than five motor vehicles or the total value reaches more than 500,000 yuan.
Second, what are the behaviors that constitute selling stolen goods?
The crime of concealing and selling stolen goods includes four acts:
1, in which the crime of harboring refers to hiding stolen goods, preventing others from discovering or keeping stolen goods for criminals, so that judicial organs cannot obtain them;
2, transfer refers to the transfer of stolen goods to other places, so that the investigation organ can not seize;
3. Acquisition refers to the purchase of stolen goods for sale, and it does not constitute a crime for individuals to buy stolen goods for their own use;
4. Selling on behalf of criminals refers to the act of selling stolen goods.
As long as it is property that is known to be the proceeds of crime, it constitutes a crime to conceal, transfer, purchase or sell it on its behalf. According to the criminal law, whoever constitutes the crime of concealing or selling stolen goods shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance, and shall also or only be fined.
Third, what should I pay attention to when handling the crime of selling stolen goods?
In actual cases, we need to pay attention to the following two points:
1. If a criminal gang or group is responsible for hiding or selling stolen goods, it shall be punished as a criminal of the gang or group, instead of being convicted and punished for hiding or selling stolen goods. For example, in a car theft gang, some people specialize in stealing cars and some people specialize in selling cars, which should be punished as theft.
2. If a criminal conceals, transfers or sells stolen goods himself, he will only deal with the criminal act of obtaining stolen goods, and will not be punished separately for the act of concealing, transferring or selling stolen goods. For example, stealing and selling property cannot be combined with the crime of stealing and selling stolen goods, but can only be handled as theft. The reason for this is that crime is a complete process with concealment and sale of stolen goods, and concealment and sale of stolen goods will not be handled separately. Only those who conceal or sell stolen goods for others constitute the crime of concealing or selling stolen goods.
This has been introduced above. According to the provisions of China's criminal law, those who constitute this crime are generally sentenced to fixed-term imprisonment of not more than three years, criminal detention or control. If the circumstances are serious, the punishment is between 3 and 7 years in prison. If you can contact our professional lawyer directly in this regard.