Is it possible to get a suspended sentence for the crime of covering up and concealing criminal proc

You can entrust a lawyer to handle it.

Lawyer Dongping of Zongheng Legal Network.

Whoever clearly knows, on the basis of article 312 of the Criminal Law, harbors, 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. (According to the amendment (6) of the Criminal Law, the original article: Whoever knowingly harbors, transfers, purchases, or sells stolen goods on behalf of others knowing that they are criminal proceeds shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a 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. (This paragraph was added by Amendment VII of the Criminal Code).

Suspended sentences are applicable to: (1) those sentenced to short-term detention or fixed-term imprisonment of less than three years; The second is that the offender has indeed shown repentance, and the court believes that not detaining him will no longer endanger society; The third is that the offender is not a recidivist and a ringleader of a criminal group.

Zongheng Legal Network Guizhu lawyer.

If bail pending trial has been processed, then the chance of a subsequent judgment and probation is relatively large.

Lawyer Xie Zhimin.

It should not be suspended. Do you get 800,000?

1. Will he be sentenced after being released on bail for covering up and concealing criminal proceeds?

1. Covering up and concealing criminal proceeds will be sentenced after being released on bail. Where there are truly facts of a crime, the people's court will pursue the criminal responsibility of the criminal suspect in accordance with law. If the criminal suspect has already made restitution and returned the stolen goods, then the people's court may give a lighter punishment.

2. Legal basis: Article 79 of the Criminal Procedure Law of the People's Republic of China.

People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed 6 months.

During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued or that the period for release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted. Where release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.

2. What are the conditions for release on bail pending further investigation?

1. Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2. A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3. Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on bail pending further investigation will not be a danger to society;

4. At the completion of the period of detention, the case has not yet been completed, and it is necessary to take the need for release on guarantee pending further investigation.

In addition, when the people's courts, people's procuratorates, and public security organs decide to release a criminal suspect or defendant on guarantee pending further investigation, they shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

Covering up and concealing criminal proceeds of more than 4,000 yuan may result in a suspended sentence. The crime of covering up and concealing criminal proceeds involves more than 4,000 yuan, and the sentence is less than three years in accordance with the law, and there is a chance to announce a suspended sentence. For criminals sentenced to short-term detention or up to three years imprisonment, a suspended sentence may be announced where the circumstances of the crime are relatively minor, and a suspended sentence shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75.

Legal analysisIn any of the following circumstances, it shall be found to be a serious circumstance as provided for in the Criminal Law: (1) covering up or concealing criminal proceeds and the total value of the proceeds thereof reaching 100,000 RMB or more; (2) Covering up or concealing criminal proceeds and the proceeds thereof 10 or more times, or 3 or more times with a total value of 50,000 RMB or more; (3) The criminal proceeds covered up or concealed are electric power equipment, transportation facilities, radio and television facilities, public telecommunications facilities, military facilities, or disaster relief, emergency rescue, flood control, preferential care, poverty alleviation, immigration, or relief funds, with a total value of 50,000 yuan or more; (4) Cover-up or concealment makes it impossible to promptly investigate and handle the predicate crime, and causes irreparable major losses of public or private property or other serious consequences; (5) Carrying out other acts of covering up or concealing criminal proceeds and the proceeds thereof, seriously obstructing the judicial organs' pursuit of the predicate crimes. Where judicial interpretations already have provisions on the determination of "serious circumstances" for the concealment or concealment of criminal proceeds involving motor vehicles, computer information system data, or control over computer information systems, and the proceeds thereof, such cases are to be heard in accordance with those provisions.

Legal basisCriminal Law of the People's Republic of China Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75: (1) the circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside. The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

Summary. Hello, where the amount of criminal proceeds covered up or concealed is between 10,000 and 10,000 RMB, or the amount of criminal proceeds is covered up or concealed multiple times, and the cumulative amount is between 6,000 and 10,000 RMB, it is a controlled release. You may be released on bail pending further investigation.

Can I be released on bail pending trial if I have to sentence 10,000 yuan for the crime of covering up and concealing income?

Hello, where the amount of criminal proceeds covered up or concealed is between 10,000 and 10,000 RMB, or the amount of criminal proceeds is covered up or concealed multiple times, and the cumulative amount is between 6,000 and 10,000 RMB, it is a controlled release. You may be released on bail pending further investigation.

**How much. Hello, what**?

The amount convicted of the crime of concealing income in the running score is based on the amount of illegal gains or the amount of non-illegal flows.

Hello, is to look at the amount of illegal gains.

Is there a legal text with many specific provisions?

Hello, according to the Criminal Code.

Article 1: In any of the following circumstances, where criminal proceeds or the proceeds thereof are clearly concealed, transferred, acquired, sold on behalf of others, or otherwise covered up or concealed, they shall be convicted and punished as the crime of covering up or concealing criminal proceeds or the proceeds thereof in accordance with the provisions of the first paragraph of Criminal Law article 312: covering up or concealing criminal proceeds and the proceeds thereof with a value of 3,000 to 10,000 RMB or more; Having received an administrative punishment for covering up or concealing criminal proceeds and the proceeds thereof within one year, and then carrying out acts of covering up or concealing criminal proceeds and the proceeds thereof;

If the amount involved in the running score is verified to be 350,000 flows, but the illegal profit is only 1,000, how can it be judged.

There is a turnover of 350,000, but the profit is only 1,000, right?

Right. It is convicted and punished according to the crime of profits, and the profit is only 1000, and it is sentenced according to the conviction of 1000 profits.

Covering up or concealing criminal proceeds may be given a suspended sentence if the conditions for a suspended sentence are met. Conditions for probation: the circumstances of the crime of Zhaoju are relatively minor; The probation is declared to have no significant adverse effects on the community in which it resides; There is no danger of recidivism; Those who have shown repentance; He was sentenced to short-term detention and fixed-term imprisonment of not more than three years.

Article 72 of the Criminal Code.

A suspended sentence may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and a suspended sentence shall be announced for those who are under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

(2) Showing remorse;

(3) There is no risk of recidivism;

(4) The suspended sentence is declared to have no major adverse impact on the community in which they reside.

Summary. Covering up and concealing criminal proceeds Sentencing for first-time offenders to surrender voluntarily is generally how to sentence those suspected of covering up or concealing criminal proceeds if they are suspected of the crime of covering up or concealing criminal proceeds, the punishment 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. Voluntary surrender is a mitigating or mitigating circumstance; First offenses and positive admission of mistakes are also mitigating or mitigating circumstances.

If the circumstances of the crime are general, then it is expected that a suspended sentence can be sought; If the case is serious, it is expected to be about 3 years.

If a person is suspected of the crime of covering up or concealing criminal proceeds, the punishment is up to three years imprisonment, short-term detention or a fine imposed by the Control Department; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. Surrendering voluntarily is a mitigating circumstance for those who pretend to be jujubes; First offenses and positive admission of mistakes are also mitigating or mitigating circumstances. If the circumstances of the crime are general, then it is expected that a suspended sentence can be sought; If the case is serious, it is expected to be about 3 years.

Legal basis: Article 312 of the Criminal Law [Crime of Covering Up or Concealing the Proceeds of Crime] Whoever knowingly harbors, transfers, purchases, sells on behalf of others, or otherwise conceals or conceals the proceeds thereof, shall 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 persons are to be punished in accordance with the provisions of the preceding paragraph.

What is the specific amount of money involved in the case you mentioned?