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Breaking the law, unless there is evidence that you did not know it was stolen before and during the introduction.
If you know that the thief is guilty of a crime, you are guilty of selling stolen goods. If the thief only violates the Public Security Administration Law, you will be punished in accordance with the relevant provisions of the Public Security Administration Punishment Law.
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Definition of the crime of selling stolen goods.
The crime of covering up or concealing criminal proceeds or the proceeds thereof refers to the act of concealing, transferring, receiving, purchasing, selling on behalf of others, or otherwise concealing or concealing the proceeds of crime and the proceeds thereof. One of the main features of this crime is that the perpetrator must be subjectively intentional. "Knowingly" is an essential element of the crime.
Therefore, clarifying the specific meaning of "knowingly" is of great significance to exposing and cracking down on criminals in a timely manner and safeguarding the interests of the state and the people.
In our country, it is specified that the act of acting on behalf of others knowing that they are the proceeds of crime and the proceeds generated by them. Knowing that it is the proceeds of crime, buying it at a low price for oneself, or buying it at a low price and selling it for profit, is also an act of covering up or concealing the proceeds of crime or the proceeds of crime. If the two parties conspire in advance, they will be punished as joint crimes.
Sentencing for the offence of selling stolen goods.
The crime of covering up or concealing criminal proceeds 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, a sentence of between three and seven years imprisonment is to be given.
1.The Sixth Amendment to the Criminal Law stipulates that the maximum sentence for the crime of harboring and selling stolen goods has been changed from three years to seven years. Amendment to the sale of stolen goods: ten.
9. Amend Criminal Law article 312 to read: "Whoever clearly knows, transfers, purchases, sells on behalf of others, or otherwise conceals or conceals criminal proceeds or 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. ” 2.
Among them, "serious circumstances" refers to cases involving theft, robbery, fraud, or snatching of five or more motor vehicles, or the total value of 500,000 yuan or more.
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Where it is clearly known that the purchase is stolen by others, and that it is stolen goods, and is still sold, it is serious in nature and is the crime of purchasing stolen goods, and a sentence of up to three years imprisonment, short-term detention or controlled release, and/or a fine.
On the basis of article 312 of the Criminal Law of the People's Republic of China, whoever clearly knows that they are criminal proceeds or the proceeds thereof are harbored, transferred, purchased, sold on behalf of others, or otherwise concealed 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.
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Article 312: [Crimes of Harbouring, Transferring, Acquiring, or Selling Stolen Goods] 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.
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If you buy something that you know was stolen by someone else, you should be punished in the same case as theft; If it is an unwitting acquisition, you should cooperate with the public security and take the initiative to return the stolen goods, and you can be lenient or exempted from punishment.
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If you know that it is stolen and buy it, of course it is illegal, and how to deal with it depends on what you are buying.
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Was there any prior conspiracy? Is it to steal together, but to steal it out and be responsible for moving, or after stealing it, your brother-in-law will move it again.
Whoever conspires to go together is to be sentenced to up to 3 years imprisonment, short-term detention or controlled release for the crime of theft, and the circumstances are serious for 3-10 years, especially serious, and 10 or more indefinitely.
The second is not to know that it was stolen and not to sin.
Knowing that it was stolen or transferring stolen goods, whether it constitutes a crime depends on how much the thing is worth.
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If you know that selling dirty goods is selling stolen goods, you are committing a crime. If you don't know, it's not a crime.
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This must be a crime!
You're asking this, which proves that you don't know what you don't know, you can understand it yourself!
No matter how much others say, it's useless, it's important to yourself!
It's New Year's Day soon!
Break a leg!
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It depends on whether you know that it is stolen goods when you help move it, if you really don't know that it is stolen goods, then it is not a big problem, if you know, it is the same case, and you have to divide the main offender and accomplice!
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What you say is not very clear, according to the circumstances said may constitute an accomplice to the crime of theft.
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Look at what to bring, it is definitely illegal to bring drugs. It's hard to say what other items you bring, so let's see how the police determine it!
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If you help someone sell something, but you don't know that it is stolen goods and help sell it, it is not a crime or crime; However, if one clearly knows that it is stolen goods and helps sell them, or does not know at first, but later learns that they are stolen goods, and still helps them sell, they are suspected of covering up or concealing criminal proceeds or the proceeds of criminal proceeds, and once convicted, a sentence of up to three years imprisonment, short-term detention or controlled release and/or a fine is to be given; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Article 312:Whoever clearly knows that they are criminal proceeds or the proceeds thereof, harbors, transfers, purchases, sells them on behalf of others, or otherwise conceals or conceals them, 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.
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This question is not clear, you can only let him prove that you don't know, how can you prove yourself? You said no?
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It depends on where it was bought and whether it was known or should have been known to be stolen goods.
If it is known or should have been known, of course it is illegal, and at least it must be confiscated, and if it is serious, it cannot be ruled out that it may be found to be a crime of selling stolen goods.
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The crux of the matter is whether you buy something subjectively knowing that it was stolen or not! If you do so in good faith, i.e. you don't know that you are buying stolen goods, then it is not a crime! However, you may have to hand over your things, and you can claim compensation from the person who sold you the thing or the thief for the damage caused!
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The object of bona fide acquisition does not include stolen goods, since the thief's possession of the goods is illegal possession.
And it can't be real property.
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It depends on whether the purchaser knows in advance that it is stolen goods.
The acquisition of stolen goods refers to the act of acquiring stolen goods that are known to be illegal or criminal proceeds. "Knowing" includes two states of cognition: "definite knowing" and "probably knowing". Both the Criminal Law and the Public Security Administration Punishment Law stipulate that the purchaser must have "knowingly stolen goods" in advance to purchase stolen goods, which is an illegal or criminal act.
Not having prior knowledge is not breaking the law.
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If the purchase of stolen goods knowingly constitutes the crime of selling stolen goods, if it is not known that it is stolen goods, it is necessary to divide the circumstances, and the purchase on the open market may be subject to bona fide acquisition (the exception of bona fide acquisition is not applicable to stolen goods), and vice versa.
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Those who knowingly purchase stolen goods shall be detained for up to 15 days and fined up to 200 yuan or given a warning.
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Whether or not it is acquired in good faith depends on whether you bought it in a store or at auction.
If these two methods are not used, in judicial practice, if the parties pursue them, they should be repaid.
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Illicit. If you buy it knowing that it is stolen, it is suspected of constituting the crime of selling stolen goods.
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A bona fide third party is lawfully obtained.
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You know it's stolen, and you still buy it!! That's against the law.
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In a word: illegal! You know to ask"Steal"That's it!
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It depends!! It's not a crime! but·· It's going to be handed over.
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It's up to you to know it or not.
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It depends. If the buyer knows or may know that the thing bought is stolen goods, the buyer will not only not be able to obtain ownership, but may even constitute a criminal offense, and the serious purchaser may bear criminal liability.
If the purchaser has purchased the goods through legal procedures through a regular place through a formal channel, and the buyer does not know and cannot know that the purchased thing is stolen goods, then in this case, the buyer is a bona fide third party and can take ownership in this case.
Article 89 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation) states: "Where a third party acquires the property in good faith and for compensation, the lawful rights and interests of the third party shall be safeguarded. ”
Article 106 of the Property Law.
If the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:
1) The transferee is acting in good faith when transferring the immovable or movable property;
b) transfer in a reasonable manner;
3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transferee shall be delivered to the transferee if it does not need to be registered.
Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation for losses from the person without the right of disposition.
Where a party obtains other real rights in good faith, refer to the provisions of the preceding two paragraphs.
Paragraph 3 of Article 106 of the Property Law stipulates: "Where a party acquires other real rights in good faith, refer to the provisions of the preceding two paragraphs. Other property rights that can be acquired in good faith are pledge rights, lien rights, ownership rights, land contract management rights, easement rights, homestead rights, construction land use rights, and mortgage rights.
Except as otherwise provided by law.
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If you are in"Should have known but did not know"In the case of the purchase of stolen goods, that is, the goods have obvious characteristics of stolen goods, even if you are not explicitly told to do so, you need to bear the responsibility of returning the stolen goods, as well as making some compensation for the loss of the owner of the goods. This is subject to discretion on a case-by-case basis.
2. If you are completely unaware, that is"Not significantly lower than the market price"If you purchase the stolen goods, you, as a bona fide third party, have ownership of the stolen goods and do not have to bear any responsibility.
2 premise one You are completely unaware.
2. ** will not be significantly lower than the market price.
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In our country, it is stipulated that theft, robbery, and robbery do not apply to bona fide acquisition. Article 106 of the Property Law of the People's Republic of China stipulates that the following articles must be met for bona fide acquisition: (1) the transferee is bona fide when transferring the immovable property or movable property, (2) the transfer is reasonable, (3) the movable property that should be registered has been registered, and the movable property that does not need to be registered has been delivered to the transferee.
It is suitable for bona fide acquisition that it should be a possession entrustment, which means that the possession of the movable property by the person without the right of disposition is based on the entrustment of the owner, such as borrowing someone else's things or renting someone else's things. It does not apply to detachment of possession, which means that the possession of property by the person without the right of disposition is not based on the true intention of the owner, for example, robbery, theft, or pick-up are not applicable to bona fide acquisition.
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Generally speaking, stolen items** are ultra-low, and people who buy from thieves are generally certain to be aware if they buy at ultra-low prices. Article 312 of the Criminal Law of our country stipulates that the act of acting on behalf of others knowing that they are the criminal proceeds of others and the proceeds generated therefrom.
Whoever clearly knows that it is the proceeds of crime, buys them at a low price for himself, or buys them at a low price and sells them for profit, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention, or controlled release. Impose a fine alone or in combination.
If A is the thief and B is the first hand of the purchaser of the stolen goods, then C is the one who purchased the stolen goods from B at the normal market price, and the bona fide acquisition can apply.
In addition, only movable property is subject to bona fide acquisition, immovable property (real estate) and vehicles are not applicable.
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The third party is completely unaware, and the ** purchased is not ultra-low, and enjoys ownership. However, after the incident, it should be unconditionally refunded to the owner, and the amount paid for the original purchase should be recovered, and if it has been used for a long time, the depreciation fee should be subtracted.
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If it is bought on the market or at a reasonable price, it can be acquired in good faith.
Other than that, not applicable.
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Third parties do not have ownership, and if they are found, they will also be confiscated!
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It's best not to buy things stolen by others, don't take advantage of them, take advantage of them and suffer a big loss, and if you are found out, you will be taken away, so go to a regular place to buy it.
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You can't buy it, and if you are caught, you will also commit a crime.
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No, this is called selling stolen goods, and it is also punished by law.
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If you know that it is stolen, you can't buy it, and you must persuade the other party not to see the wealth, to be righteous, and the mixed wealth will not last long!
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Can't buy it. The law stipulates that the purchase of stolen items and unidentified items is the same crime as the thief.
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You should never buy anything that someone else has stolen, and it is illegal to buy dirty things.
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If you buy stolen things without knowing it, it is not a crime, but if you buy them knowing that they are stolen, it is a violation of the law and can be found to be the crime of selling stolen goods.
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Of course you can't buy it, this kind of thing is not on the right way, and when you buy it, the police will come to the door and be unclear.
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Definitely can't, you are selling stolen goods, knowing that they are stolen, and buying them is a typical illegal act.
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You can't buy anything that someone else has stolen, and what you buy is harboring.
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No. Otherwise, it is a dirty behavior!
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Of course, you can't buy things that have been stolen by others, and if the police find out that the stolen goods are here, you may lose money.
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