A friend of mine was convicted of profiling 5 and a friend of mine was convicted of promising

If it is really as you said, your friend does not know that it is stolen goods and buys them, of course, it does not constitute the crime of selling stolen goods, not to mention that they later notified the owner to recognize the goods and call the police.

However, whether you know that it is stolen goods is not something that your friend can count just by saying it himself, it depends on the situation at the time of the transaction, and it is difficult to say if he buys it at a price significantly lower than the market price.

It is recommended that your friend hire a good lawyer, it should not be a big problem, even if there is a problem, he notifies the owner to recognize the goods can also be considered as a sentencing circumstance.

I am a lawyer specializing in criminal defense. According to the provisions of the criminal law and my experience in handling cases, your friend is suspected of the crime of acquiring stolen goods. The basic element of this crime is the sale and acquisition of stolen goods, knowing that they are stolen goods.

Of course, whether or not you know it depends on the specific circumstances to make a comprehensive judgment. As for whether the crime is convicted and whether the sentence can be suspended, the key depends on the lawyer's defense. It is advisable for your friend to appoint a criminal defense lawyer to intervene as soon as possible to provide legal help and defense.

Good luck.

Article 312:Whoever clearly knows, to harbor, transfer, purchase, or sell stolen goods on behalf of others, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine.

Guilty, it's like selling stolen mobile phones, there are too many precedents, there will be fines, and it's not a big problem. Besides, your friend is too real, why do you call that factory to get people to come, isn't it to find out by yourself, or you can't find it if you don't check it.

Actually, your friend didn't commit a crime.

He didn't stop reporting it because he knew it was dirty, and he hid it.

He notified the manufacturer's people to identify the goods.

So he didn't sin.

The sentencing standards for the crime of selling dirt are as follows:

1. Whoever harbors, transfers, purchases, sells on behalf of others, or otherwise conceals or conceals criminal proceeds and the proceeds thereof, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine;

2. where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

The criteria for filing a case for the crime of selling stolen goods are as follows:

1. Knowing that it is the criminal proceeds of others and the proceeds generated by it. Knowing that it is the proceeds of crime, buying it at a low price for oneself, or buying it at a low price and then selling it for profit, is also an act of covering up or concealing the proceeds of crime or the proceeds of crime;

2. If the two parties conspire in advance, they will be punished as joint crimes.

Where it is clearly known that it is criminal proceeds or the proceeds thereof, they are concealed, transferred, purchased, sold on behalf of others, or otherwise covered up or concealed, and where the unit commits the crime, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with relevant provisions.

Legal basisArticle 312 of the Criminal Law of the People's Republic of China.

Whoever clearly knows, knows, is the criminal proceeds or the proceeds thereof, and 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.

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 and the proceeds thereof are concealed, transferred, purchased, sold on behalf of others, or otherwise covered up or concealed, 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.

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.

There is no independent standard for filing a case for the crime of selling stolen goods. Linked to a related crime, for example, if the crime of theft is established, the crime is established. The crime of harboring, transferring, acquiring, or selling stolen goods with a reference is the act of harboring, transferring, purchasing, or selling stolen goods on behalf of others who are known to be the proceeds of crime.

This crime is an optional crime, including the crime of harboring stolen goods, the crime of transferring stolen goods, the crime of receiving stolen goods, and the crime of selling stolen goods.

China's Criminal Law stipulates that "whoever conceals, transfers, purchases, sells on behalf of others, or otherwise conceals or conceals the proceeds thereof, knowing that the banquet is the proceeds of crime or the proceeds thereof, shall be sentenced to fixed-term imprisonment of not more than three years, 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. Among them, "serious circumstances" refers to the case involving theft, robbery, fraud, or snatching of five or more motor vehicles, or the total value of 500,000 yuan or more.

Criteria for determining the crime of selling stolen goods.

The crimes of harboring and selling stolen goods include four types of conduct:

1. Harboring refers to hiding stolen goods from others or preserving them for the offender, so that the judicial organs cannot obtain them;

2. Transfer refers to the transfer of stolen goods to other places so that the investigating authorities cannot seize them;

3. Acquisition refers to the purchase of stolen goods for the purpose of selling, and the purchase of stolen goods by individuals for their own use does not constitute a crime;

4. Selling on behalf of the offender refers to the act of selling stolen goods on behalf of the offender.

Legal basis involved: Article 312 of the Criminal Law [Crime of Covering Up or Concealing Criminal Proceeds or Proceeds of Criminal Proceeds] Whoever clearly knows, transfers, acquires, sells on behalf of others, or otherwise conceals or conceals criminal proceeds or the proceeds thereof, shall be sentenced to fixed-term imprisonment of not more than three years, 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.