The Opinion About The Charge Of Covering Up Or Concealing Criminal Gains Or Criminal Benefits

Covering up, concealing criminal gains and criminal benefits was traditional crimeswhose target is booty, so it is also called booty crime for short in theory of criminal law.The statutory sentence is light,but it also is harmful to a judiciary.this crime has been set upsince1979,and has been modified for3times. Based on the modification, the writer will givea detailed discussion.According to article312of the criminal law:“Whoever knowinglyconceals,transfers,purchases or helps to sell illegally acquired goods shall be sentenced tofixed-term imprisonment of no more than three years,criminal detention or publicsurveillance and shall also, be finedThe charge of covering up or concealing criminal gains and criminal benefits wasrevised an re-established by canceling the harbor, transfer, acquisition sale of stolen propertyconviction crime.Considering these adjustments, we will discuss the relevant theory andproblems.the article altogether includes t three arts:Part one: outline of the charge of covering up or concealing criminal gains and criminalbenefits, including two parts of content.One is legislation survey of the accusation,view thelegislative evolution. Another is the concept of the charge of covering up or concealingcriminal gains and criminal benefits.Part two: this part gives a detailed discussion about the crime in regard to constitutingfeatures. From the crime object, objective aspect, subject of crime, subjective aspect tospecific analysis hide, hide the crime income, crime proceeds of the crime of composition,through such structure on this, the paper discusses the nature of this crime to contrast andelaborates the object, which will conduce to the comprehensive understanding and accuratedetermination this crime. Criminal object, in contrast foreign criminal law educational worldof this nature on the basis of different views, and at the same time, is our country criminal laweducational world about the object of this crime different point of view, and then put forwardits own views: and the infringement of the object of this crime in definition, this crimeviolations of the law profit is the national judicial authority normal activities, among them, thejudicial organs of the case to track activity is the main object of this invasion. The judicialorgan to the crime income its income recovered smoothly this activity is the secondary object.Another key lies in how to understand and crime income and crime proceeds, among them contraband can become this crime object. We will introduce the knowledge and thepresumption of knowledge from the subjective aspect.Part three: The judicial determination of the charge of covering up or concealingcriminal gains and criminal benefits. We dilated on the interface between the crime、themoney laundering crime、crime of harboring and covering up a criminal. Also mention theimportant problem deserving the attention. The third part mainly discusses conceal, hide thecrime income, crime proceeds of crime judicial cognizance. From three aspects, the paperdiscusses the one is structure crime and does not constitute a crime that, this upstream crimerefers to the essence of the crime and the crime is not only conforms to the elements in theform of the crime. Secondly, the sin and the sin of Pilate that, this crime and the crime ofmoney-laundering relationship, in short, this crime and money laundering crime iscompetition law relationship, this in fact is common money laundering crime, the criminallaw article191of money laundering crime is special money laundering crime. In addition,this crime and harbors, crime of concealing the murder many similarities, need to differentiate.Third is the application of this crime. This paper through the argument that the judicialpractice in the upstream crime has not been convicted circumstances can maintain this blamefirst, and then according to the case for different processing conditions; To deal with this"serious" situation accurately grasp; At the same time Suggestions for stolen goods in thecrime committed this crime between close relatives make special provisions.