Sichuan Chengdu Criminal defense : Latest standards for sentencing for crimes of hiding, transferring, concealing drugs and drug stolen goods (2022)
This article was edited, compiled and reproduced by Hu Yun’s lawyer team (Hu Yun: Sichuan Hu Yun Law Firm founder, director of the management committee, director of the criminal law professional committee, and practiced for 20 years. He has been focusing on the defense of major criminal cases and the agency and non-litigation planning of large-scale civil and commercial cases . Sichuan Hu Yun Law Firm: 13th Floor, Hualian East Ring Plaza, No. 55 Jianshe Road, Chengdu)
Sichuan Hu Yun Law Firm Lawyer Hu Yun
According to Article 349, paragraph 2 of the Criminal Law of the People's Republic of China, the crime of harboring, transferring, concealing drugs and drug stolen goods is a crime established in the Criminal Law of the People's Republic of China involving the crime of providing assistance to drug trafficking and drug trafficking so that the criminals can evade legal sanctions.
[Crime of hiding, transferring, concealing drugs, drug stolen] ( Criminal Law Article 349)
(I) Those who harbor, transfer, conceal drug or property obtained by criminals who smuggle, trafficking, transporting, or manufacturing drugs shall be prosecuted and sentenced to fixed-term imprisonment of not more than three years, detention or control.
(II) If one of the following circumstances is "serious circumstances" and is sentenced to fixed-term imprisonment of not less than three years and not more than ten years:
1. If the drug is harbored, transferred, and concealed by criminals, reaching the "large quantity" standard stipulated in Article 347, Paragraph 2, Paragraph 1 of the Criminal Law or Article 1 of this Interpretation;
2 .The value of property harboring, transferring, or concealing for criminals is more than 50,000 yuan;
3. It is harboring, transferring, concealing, or concealing for drug or drug crimes for others many times;
4. It seriously hinders the judicial authorities from prosecuting drug crimes committed by the criminal;
5. Other circumstances with serious circumstances.
does not have a "serious circumstances" situation. After being arrested, plead guilty, repent, actively return the stolen goods, and is a first-time or occasional crime. If the crime is minor, there is no need to be sentenced to a sentence, it can be exempted from criminal punishment.
