For the crime of selling stolen goods, it is to hide, transfer and buy and sell them knowing that they are stolen goods. As long as the above conditions are met, it constitutes the crime of selling stolen goods, not asking whether the other party was in love before committing the crime. (If the other party knows before committing the crime, it will be dealt with according to * * * and convicted according to the charges of the principal offender. )
As for the amount you mentioned, according to the cases I contacted in the past and the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Theft Cases (the determination of the amount of the crime of selling stolen goods is determined with reference to this standard), your amount is huge and can constitute a crime, but you can still work harder here and find a lawyer to handle it, and the chances of passing it safely are quite high.
Finally, I wish you an early solution to this troublesome matter.
Annex: Relevant regulations and explanations
Sentencing standard of the crime of selling stolen goods
Article 312 Whoever knowingly conceals, transfers, purchases or sells stolen goods obtained from 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.
This crime is a deliberate crime, and "knowing that it is stolen goods obtained from crime" is the subjective element of this crime. "Stolen goods from crime" refers to public and private property, including money and articles. Obtained through crimes such as theft, robbery, fraud and corruption. Selling stolen goods on behalf of others is an objective element of this crime. One of these four acts constitutes this crime. Hiding refers to hiding stolen goods in other people's places or keeping them for criminals, so that judicial organs cannot obtain them. Transfer refers to the transfer of stolen goods to other places, so that the investigation organ can not seize them. Acquisition refers to the purchase of stolen goods for sale, and the purchase for personal use does not constitute this crime. Selling on behalf of others means selling stolen goods, not committing this crime.
Pay attention to the following three points in actual operation: 1. Criminal gangs and criminal groups should be punished as criminals of the crime of * * *, but not as this crime. For example, some people in the car theft group specialize in stealing cars and some people specialize in selling cars, so they should be punished as theft. 2. Criminals harbor and transfer themselves. Whoever sells stolen goods shall be punished only according to the crime he has committed, and shall not be punished for several crimes in accordance with the provisions of this article. The reason for this is that crime and hiding or selling stolen goods are regarded as a complete process, and hiding and selling stolen goods will not be dealt with elsewhere. Only those who hide or sell stolen goods for others constitute this crime. 3. It is a crime for the perpetrator to hide, sell or buy the stolen goods obtained by criminals after colluding with other criminals such as theft, fraud, robbery, looting, corruption and extortion in advance.
State Administration for Industry and Commerce, Ministry of Public Security, the Supreme People's Procuratorate and the Supreme People's Court, Provisions on Investigating and Handling Cases of Theft and Robbery of Motor Vehicles according to Law
(1No.31No.3 [1998] of May 8, 1998)
In order to severely crack down on the criminal activities of stealing and robbing motor vehicles, block the sales channels of criminals stealing and robbing motor vehicles, and protect the legitimate property of the state, collective property and citizens, these provisions are formulated in accordance with the provisions of the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law), the Criminal Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Procedure Law) and other relevant laws and regulations.
1. The judicial organ shall investigate and deal with cases of motor vehicle theft and robbery according to law. Any unit or individual shall give assistance. Whoever obstructs judicial personnel from handling cases according to law by violence or threats shall be punished in accordance with the provisions of the first paragraph of Article 277 of the Criminal Law.
2. Whoever knowingly conceals, transfers, purchases or sells a motor vehicle obtained from theft or robbery shall be punished in accordance with the provisions of Article 312th of the Criminal Law.
Whoever knowingly dissembles, refits, assembles, pawns or resells motor vehicles obtained from theft or robbery shall be punished for harboring, transferring, purchasing or selling motor vehicles on behalf of others, and shall be punished in accordance with the provisions of Article 312 of the Criminal Law.
Three, the state designated motor vehicle trading market, motor vehicle business enterprises (including pawn shops, auction houses) and engaged in motor vehicle maintenance, parts sales, the person in charge or other persons who are directly responsible knowingly conceal, transfer, disassemble, assemble, purchase or sell on behalf of the motor vehicle, in accordance with the provisions of Article 312 of the Criminal Law, punish the units and organizations that commit the above acts, and the administrative department for industry and commerce will punish them.
Four, second and third provisions of the actor in advance with the theft, robbery of motor vehicles criminals, respectively, for theft, robbery.
5. Motor vehicle transactions must be conducted in the trading market designated by the state or legally operated enterprises. After the transaction voucher is examined and sealed by the administrative department for industry and commerce, the registration or transfer formalities shall be handled. Trading motor vehicles without permission is an illegal act, which shall be handled by the administrative department for industry and commerce according to law.
Whoever knowingly buys a stolen car shall be convicted and punished for the crime of buying stolen goods, and the directly responsible person in charge and other directly responsible personnel of the unit shall be convicted and punished for the crime of buying stolen goods.
Whoever knowingly introduces others to sell stolen goods shall be punished as the crime of buying and selling stolen goods.
6. Whoever illegally sells invoices related to motor vehicles or forges, manufactures or sells forged or manufactured invoices related to motor vehicles without authorization shall be punished in accordance with the provisions of Article 209 of the Criminal Law.
Seven, forgery, alteration, sale of motor vehicle license plate and motor vehicle home, transfer, verification of relevant documents, shall be punished in accordance with the provisions of the first paragraph of Article 280 of the Criminal Law.
Eight, public security, industrial and commercial administrative personnel take advantage of their positions to ask for or illegally accept other people's property as car theft, transfer, verification, which constitutes a crime, shall be punished in accordance with the provisions of Articles 385 and 386 of the Criminal Law.
Nine, public security, industrial and commercial administrative personnel or other state organs staff abuse their powers or neglect their duties, engage in malpractices for selfish ends, resulting in the stolen car home, transfer, verification, shall be given administrative sanctions; Whoever causes heavy losses to public property and the interests of the state and the people shall be punished in accordance with the provisions of Article 397 of the Criminal Law.
10. Public security personnel who illegally provide motor vehicle number plates for stolen or robbed motor vehicles or facilitate their obtaining motor vehicle number plates to help criminals escape punishment shall be punished in accordance with the provisions of Article 417 of the Criminal Law.
Eleven, the proceeds of the crime of stealing or robbing motor vehicles and the sale price shall be recovered in accordance with the provisions of Article 64 of the Criminal Law.
Twelve, knowing that it is a stolen car and the purchase of vehicles should be recovered free of charge; If a public security organ purchases a vehicle in violation of state regulations and it is verified that it is a stolen vehicle, it can recover and detain it in accordance with the provisions of Articles 110 and 114 of the Criminal Procedure Law, and return it to the purchaser after closing the case without knowing that it is a stolen vehicle.
Thirteen, for the purchase of stolen cars after the use of illegally provided home, transfer procedures or the use of forged, altered home, transfer procedures for stolen cars home, transfer, shall revoke the license and free to recover the vehicle; The sales revenue of vehicles that have been sold into houses or transferred to owners shall be recovered and ordered to compensate for economic losses.
Fourteen, stolen or robbed motor vehicles directly recovered from criminals, after inspection and verification, can be returned to the owner in advance according to law. When the case is transferred, evidence such as lists and photos shall be attached. Before the property is returned to its original owner, any unit or individual shall manage it in accordance with the provisions on the management of stolen goods. No unit or individual may misappropriate, damage or dispose of it by itself.
15. The case of motor vehicle theft and robbery shall be put on file for investigation by the public security organ where the case occurred. The public security organ where the stolen vehicle flows shall cooperate with the cross-regional series of motor vehicle theft and robbery cases, and the public security organ that initially accepted the case shall file a case for investigation. When necessary, the public security organ in the main crime place may file a case for investigation, or the public security organ at a higher level may designate the investigation.
Sixteen, the local public security organs to seize or assist the area to recover stolen or robbed motor vehicles, should be transferred to the area according to law, shall not be detained for any reason or require the unit leaders to give administrative sanctions.
Seventeen, the term "knowing" as mentioned in these Provisions refers to knowing or should know one of the following circumstances, which can be regarded as knowing, except that there is evidence to prove that it is deceived:
(a) in the illegal motor vehicle trading places and sales units to buy;
(two) the procedures for motor vehicle certificates are incomplete or obviously in violation of regulations;
(three) the engine number or frame number of the motor vehicle has changed without legal proof;
(four) to buy a motor vehicle at a price significantly lower than the market price.
Eighteen, from the date of promulgation of these Provisions, investigate and deal with cases of theft, robbery and fraud of motor vehicles, with reference to the principles of these Provisions, and these Provisions shall apply to cases that have not been closed after the promulgation of these Provisions.
Shanghai Higher People's Court, Shanghai People's Procuratorate, Shanghai Public Security Bureau and Shanghai Judicial Bureau.
Opinions on some problems in handling stolen goods cases
(1994165438+1October 24th (94) Shanghai Inspection Office ZiNo. 135)
According to the "Criminal Law of People's Republic of China (PRC)" and the relevant judicial interpretations of the Supreme People's Court and the Supreme People's Procuratorate, combined with the specific problems in the current investigation and handling of illegal and criminal cases of selling stolen goods in this city, we now put forward the following opinions on handling stolen goods cases:
First, how to identify the crime of selling stolen goods
The crime of selling stolen goods refers to the act of selling stolen goods on behalf of criminals knowing that they are the proceeds of crime, including selling stolen goods on behalf of criminals, buying stolen goods from criminals and selling them again, and buying stolen goods for personal use.
Whoever conspires with criminals in advance to sell or buy stolen goods shall be punished as * * *.
Second, how to identify "knowing" in the crime of selling stolen goods
The "knowing" of the crime of selling stolen goods can not be determined only by the seller's confession, but should be analyzed according to the objective facts of the case. In any of the following circumstances, it can be considered as "knowing that it is the proceeds of crime":
(1) selling industrial raw materials, semi-finished products or production equipment;
(2) Commodities in short supply in the low-price trading market or precious and durable consumer goods of unknown origin;
(3) Commodities with restricted circulation sold by specialized agencies designated by the state, with a large number of one-time transactions.
Third, how to identify the "serious circumstances" in the purchase of stolen goods for personal use?
Under any of the following circumstances, if you buy stolen goods for your own use, it shall be regarded as serious and you may be investigated for criminal responsibility:
(1) The amount of stolen goods purchased at one time is extremely huge;
(2) The accumulated amount of stolen goods purchased for many times is huge;
(3) Being sentenced to punishment for property crimes such as stealing, selling stolen goods or harboring stolen goods. And the amount of stolen goods purchased for personal use is large;
(4) buying a large amount of stolen goods for personal use within three years after being reformed through reeducation through labor or within one year after being punished by other public security for more than three times;
(five) knowing that it is stolen goods and buying it from minors for their own use, the amount is relatively large.
Four. Other issues
(a) the whereabouts of stolen goods can not be recovered, but there are statements of the perpetrator and the testimony of the relevant personnel, which can confirm each other.
(2) If the circumstances of selling or buying stolen goods are minor and conform to the relevant provisions of the Shanghai Reeducation through Labor Management Committee, they may be given reeducation through labor or public security punishment according to law.
(3) For the determination of the amount of stolen goods, please refer to the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Theft Cases.