How to sentence the crime of purchasing stolen goods, and the sentencing standards for the crime of

Updated on society 2024-02-25
6 answers
  1. Anonymous users2024-02-06

    The purchase of scrap iron stolen by criminal suspects is suspected of constituting the crime of covering up and concealing criminal proceeds and the proceeds of criminal gains, and their criminal responsibility must be investigated in accordance with the law.

    Legal basis: Article 312 of the Criminal Law [Crime of Covering Up or Concealing Criminal Proceeds or Proceeds of Criminal Gains] Whoever clearly knows, transfers, purchases, sells on behalf of others, or otherwise conceals or conceals criminal proceeds and the proceeds thereof, is sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

    Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

    The purchase of scrap iron stolen by criminal suspects is suspected of constituting the crime of covering up and concealing criminal proceeds and the proceeds of criminal gains, and their criminal responsibility must be investigated in accordance with the law.

    Legal basis: Article 312 of the Criminal Law [Crime of Covering Up or Concealing Criminal Proceeds or Proceeds of Criminal Gains] Whoever clearly knows, transfers, purchases, sells on behalf of others, or otherwise conceals or conceals criminal proceeds and the proceeds thereof, is sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

    Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

  2. Anonymous users2024-02-05

    Article 312 of the Criminal Law: Whoever clearly knows, transfers, purchases, or sells stolen goods on behalf of others who clearly knows that they are the proceeds of crime shall be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine.

  3. Anonymous users2024-02-04

    1. It depends on whether you know, if you don't know, you are not guilty;

    2. If you know that it is stolen goods and purchase them, you are suspected of harboring, transferring, acquiring and selling stolen goods.

    3. If it is agreed with the thief in advance, and the car thief buys it after stealing, it is suspected of theft;

    4. Criminal Law Article 312 [Crime of Harbouring, Transferring, Purchasing, or Selling Stolen Goods] Whoever knowingly harbors, transfers, purchases, or sells stolen goods on behalf of others knowing that they are the proceeds of crime shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine.

    Article 264: [Theft] Whoever steals public or private property, where the amount is relatively large or has multiple thefts, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given:

    1) Theft of financial institutions, where the amount is particularly huge;

    2) Theft of precious cultural relics, where the circumstances are serious.

  4. Anonymous users2024-02-03

    1. What is the sentencing standard for the crime of purchasing stolen goods?

    1. Sentencing standards for the acquisition of stolen goods: Whoever clearly knows that they are criminal proceeds and the proceeds thereof are harbored, transferred, purchased, sold on behalf of others, or otherwise covered up or concealed, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine. where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

    Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

    2. Legal basis: Article 312 of the Criminal Law of the People's Republic of China.

    In any of the following circumstances, it is to be convicted and punished as the crime of concealing or concealing criminal proceeds or the proceeds thereof, clearly knowing that they are criminal proceeds or the proceeds thereof:

    1) Covering up or concealing criminal proceeds and the proceeds thereof with a value of 3,000 to 10,000 RMB or more;

    2) Having received an administrative punishment within one year for covering up or concealing criminal proceeds and the proceeds thereof, and then carrying out acts of covering up or concealing criminal proceeds and the proceeds thereof;

    3) The criminal proceeds covered up or concealed are wasted power equipment, transportation facilities, radio and television facilities, public telecommunications facilities, military facilities, or funds and materials for disaster relief, emergency rescue, flood control, preferential care, poverty alleviation, immigration, or relief;

    4) Covering up or concealing the crime of the upstream Hu that cannot be promptly investigated and handled, and causing irreparable losses to public or private property;

    5) Carrying out other acts of covering up or concealing criminal proceeds and the proceeds thereof, obstructing the judicial organs' pursuit of the predicate crimes.

    2. What is the sentencing standard of the Criminal Law for the crime of illegal acquisition of wild animals?

    The sentencing standards for the crime of illegal acquisition of wildlife are as follows: Anyone who illegally hunts or kills rare or endangered wildlife under key national protection, or illegally purchases, transports, or illegally purchases rare or endangered wildlife under key national protection and the products thereof, is to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine, and where the circumstances are serious, is to be sentenced to between five and ten years imprisonment and a concurrent fine, and where the circumstances are especially serious, is to be sentenced to fixed-term imprisonment of not less than ten years and a concurrent fine or confiscation of property.

  5. Anonymous users2024-02-02

    Legal Analysis: 1. Where the crime of covering up or concealing criminal proceeds or the proceeds of criminal proceeds is constituted, the starting sentence may be determined within the corresponding range based on the following different circumstances: (1) Where the circumstances of the crime are ordinary, the starting sentence may be determined within the range of 3 months short-term detention to 6 months imprisonment.

    2) Where the circumstances are serious, the starting sentence may be determined within the range of 3 to 4 years imprisonment. 2. On the basis of the starting sentence, the sentence may be increased to determine the base sentence based on the amount of the crime and other facts of the crime that impact the establishment of the crime.

    Legal basis: Article 312 of the Criminal Law of the People's Republic of China: Whoever knowingly harbors, transfers, purchases, or sells stolen goods on behalf of others knowing that they are the proceeds of crime shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or the return of lead, and/or a fine.

  6. Anonymous users2024-02-01

    According to Article 59 of the Public Security Administration Punishment Law, anyone who commits any of the following acts shall be fined not less than 500 yuan but not more than 1,000 yuan; where the circumstances are serious, they are to be detained for between 5 and 10 days and fined between 500 and 1,000 RMB: (1) Where pawnbroking workers accept pawned items, do not inspect relevant certificates, do not perform registration formalities, or clearly know that they are criminal suspects or stolen goods, and do not report them to the public security organs; (2) Violating state regulations by purchasing waste special equipment such as railways, oil fields, power supply, telecommunications, mines, water conservancy, surveying and urban public facilities; (3) Purchasing stolen goods or items suspected of being stolen by the public security organs; (4) Acquisition of other items prohibited by the state. Legal basis:

    Article 59 of the Law of the People's Republic of China on Public Security Administration Punishments: Anyone who commits any of the following acts shall be fined between 500 and 1,000 RMB; where the circumstances are serious, they are to be detained for between 5 and 10 days and fined between 500 and 1,000 RMB: (1) Where pawnbroking workers accept pawned items, do not inspect relevant certificates, do not perform registration formalities, or clearly know that they are criminal suspects or stolen goods, and do not report them to the public security organs; (2) Violating state regulations by purchasing waste special equipment such as railways, oil fields, power supply, telecommunications, mines, water conservancy, surveying and urban public facilities; (3) Purchasing stolen goods or items suspected of being stolen by the public security organs; (4) Purchasing other items of the slag shop that the state prohibits the purchase.

Related questions