A Study On Several Issues Concerning The Judicial Determination Of The Crime Of Crime

Article 312 of the Penal Code of PRC provides, the crime of covering up or concealing the proceeds of crime or its profits is that when somebody knows the objects are the proceeds of crime or its profits,they(he)still cover(s) up or conceal them with the methods of harboring、transferring、purchasing、helping others sell objects and so on. The crime has experienced several revisions. The crime has three criminal charges and the first one was “the crime of concealing or helping others sell objects” and the second one was “the crime of harboring、transferring、purchasing、helping others sell objects” and the last one is “the crime of covering up or concealing the proceeds of crime or its profits”. The elements also have undergone a lot of change. It makes the nature of the crime clearer than before that the Criminal Law provides this crime belongs to the crime of obstruction of justice in 1997.In the objective aspect of crime, Criminal Law Amendment six adds the profits of crime’s proceeds to the crime object. The conducts of crime have been abstracted as "covering up or concealing". In new legal provisions, transferring、purchasing and other methods were added to the specific conduct of crime.The units have been included to the subject of crime. It provided “serious plot” and when the offender violates it, he will be sentenced to three years to seven years in prison.With the revisions of this crime, the academic fields has also set off a wave of discussion time and time again. However, it is uncertain about the meaning of predicate offense and the manifestations of the proceeds of crime or its profits. In addition, there are more problems about how to identify the specific conducts and how to judge the knowing. Therefore, they need to be clarified in theory.Besides the introduction and conclusion, this article has three parts:The first part is the object of this crime. Through analyzing the predicate offense,I think the proceeds of crime is property that the predicate offender obtains in the crime and has many forms,for example real estate、personal property and so on. Its profits include earnings and formations. Moreover, they are not acquired in good faith.The second part is the conduct of this crime. The specific conducts of crime have been abstracted as "covering up or concealing".If we find out their aim is to hide the booty, the specific conducts of crime will be recognized easily. In the meantime, through studying domestic and foreign theories and learning from excellent experiences, we can find out that “other methods "should include accepting, processing, brokering the sale and other conducts.The last part is the subjective aspect of this crime. If somebody commits this crime, he may know the object is the proceeds of crime or its profits and after the predicate offender stopped criminal conducts, he can begin to implement his conducts. The criterion that we judge the offender to know the criminal objects or not is the presumption rule.