Will I be detained for the crime of profiling the crime?

Article 312 of the Criminal Law of the People's Republic of China: "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. "In the case of covering up or concealing criminal proceeds or the proceeds of criminal proceeds, whether the criminal suspect "knows" is a prerequisite for distinguishing between crime and non-crime.

As for whether or not he knows, it is not based on leaving a note or copying a certificate. Article 9 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in the Handling of Theft Cases (December 16, 1996) stipulates: "The determination of 'knowingly' in the crime of harboring or selling stolen goods cannot be based solely on the defendant's confession, but shall be analyzed on the basis of the objective facts of the case.

It may be found as long as it is proved that the defendant knew or should have known that the stolen goods were the proceeds of crime and concealed them or sold them on their behalf. ”

As to whether or not to be detained, according to the provisions of the Criminal Procedure Law, criminal compulsory measures include: release on bail pending further investigation, residential surveillance, detention, and arrest.

If you do not know the origin of the notebook and the seller (i.e. the thief) writes a note proving that the notebook was not stolen, it does not constitute the crime of defilement.

Legal analysis: The crime of selling stolen goods is actually the crime of covering up or concealing criminal proceeds or the proceeds of criminal proceeds as provided for in the Criminal Law, and where this crime is constituted, the sentencing standard is: According to article 312 of the Criminal Law, whoever clearly knows that they are criminal proceeds and the proceeds thereof are concealed, transferred, purchased, sold on behalf of others, or otherwise covered up or concealed them, 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 personnel are to be punished in accordance with the provisions of the preceding paragraph.

Legal basis: Article 312 of the Criminal Law: Whoever clearly knows that they are criminal proceeds or the proceeds thereof are concealed, 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.

The amount of money for the crime of selling dirt will be sentenced: covering up or concealing the proceeds of crime and the proceeds generated thereof are worth more than 3,000 yuan to 10,000 yuan.

Legal basis: Article 312 of the Criminal Law: Whoever clearly knows that they are criminal proceeds or the proceeds thereof are concealed, 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.

It constitutes the crime of selling stolen goods. Although he later returned 10,000 yuan to them, it did not affect the conviction because the criminal act of selling the stolen goods had already been completed. As for how many years he can be sentenced, you can take a look at the relevant provisions of our country's Criminal Law:

Article 312 of the Criminal Law stipulates: "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." ”

At the same time, according to the provisions of Article 72: "For criminals sentenced to short-term detention or fixed-term imprisonment of less than three years, on the basis of the circumstances of the criminal's crime and expressions of remorse, the application of a suspended sentence will not cause any further harm to society, a suspended sentence may be announced.

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

1) Covering up or concealing criminal proceeds and the proceeds thereof with a value of 3,000 RMB, or having previously received an administrative punishment for concealing 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; A criminal case is filed, and the sentence is up to 3 years imprisonment, controlled release or short-term detention.

2) In any of the following circumstances, covering up or concealing criminal proceeds and the proceeds thereof, it shall be found to be "serious circumstances" as provided for in the Criminal Law, and the sentence is between 3 and 7 years:

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 funds or materials for disaster relief, emergency rescue, flood control, preferential care, poverty alleviation, immigration, or relief, with a total value of 50,000 yuan or more;

4) Acts of covering up or concealing make it impossible to promptly investigate and handle the predicate crime, and cause 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 crime.

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 basis: Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Covering Up or Concealing Criminal Proceeds or the Proceeds of Criminal Proceeds.

In any of the following circumstances, where they are clearly concealed, transferred, purchased, sold on behalf of others, or otherwise concealed or concealed criminal proceeds, 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:

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

Article 3: In any of the following circumstances, the cover-up or concealment of criminal proceeds and the proceeds thereof shall be found to be 'serious circumstances' as provided for in the first paragraph of Criminal Law article 312:

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 funds or materials for disaster relief, emergency rescue, flood control, preferential care, poverty alleviation, immigration, or relief, with a total value of 50,000 yuan or more;

4) Acts of covering up or concealing make it impossible to promptly investigate and handle the predicate crime, and cause 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 crime.