One, brief case

Jiang Mou, male, 37 years old, the individual acquisition of waste. During the period from 2006 December to 2007 March, Jiang Mou that is Yu et al the vehicle theft, still be the acquisition, has acquired Yu et al (non motor vehicles stolen goods vehicle) 13 (total value 14743 yuan), motorcycle (vehicle) 6 (total value RMB 9630 yuan), and will buy the stolen items were sold to others. In March 22, 2007 by the Tongzhou Municipal Public Security Bureau of criminal detention on suspicion of buying stolen goods, in April 27th the same year was arrested, in June 25th the same year by Jiang Mou is suspected of buying stolen goods to the procuratorial organ for examination and prosecution. After examination and prosecution of about 24 days in July of the same year Jiang Mou alleged cover up, conceal the crime to offend the prosecution to the local people's court.

Two, differences of opinion

In 2006 June, "criminal law amendment (six)" in article 312nd of the criminal law was revised supplement, but no new regulations on the charges. In 2007 May, the Supreme People's court and the Supreme People's Procuratorate "on handling and theft, robbery, fraud, plunder of the application of law of motor vehicle related criminal cases to explain" (referred to as "two high" interpretation) on the vehicle received stolen goods behavior is defined as to conceal, conceal the proceeds of crime, the proceeds of crime. How to determine the behavior of Jiang Mou, there are two different opinions in judicial practice:

The first view, Jiang behavior suspected of buying stolen goods and conceal, conceal the crime of offending. The reason is: Although the "criminal law amendment (six)" in article 312nd of the criminal law amendment and supplement of the "two high", but has not yet been promulgated new rules determine charges in 2007 May, the "two high" interpretation is to focus on the robbery of motor vehicle and the special provisions, judicial interpretation of the scope of cover to conceal the crime to offend. Limited to theft, robbery, fraud, robbery and motor vehicles 4 kinds of crime from other crimes, such as income, the other non motor vehicle received stolen goods and other acts, in accordance with the provisions of article 312nd of the criminal law or qualitative for harboring transfer buying and selling stolen goods.

The second view, Jiang behavior suspected of concealing crime to offend. The reason is: according to the 2007 May "two high" interpretation, article 312nd of the criminal law. In the "criminal law amendment (six)" after the introduction into the cover charge, conceal the proceeds of crime, the proceeds of crime, and the original harboring, transfer, acquisition, sale of stolen goods have natural cancel.

Three, analysis

I prefer the first opinion. Jiang behavior suspected of buying stolen goods and conceal, conceal the crime of offending. The author thinks, in the judicial interpretation of article 312nd of the criminal law no charges specified circumstances, should apply the "Regulations" Supreme People's Court on the implementation of people's Republic of China Criminal Law > determine charges and the "two high" interpretation of Jiang behavior, were convicted. Reason.

1, the "two high" interpretation includes content that cannot be covered "criminal law amendment (six)" in article 312nd of the criminal law revised contents. "High" to explain the first rule "Whoever knowingly motor vehicle theft, robbery, fraud, snatch, sale, sale, the implementation of the pawn, auction, or one of its mortgage debt behavior, in accordance with the provisions of article 312nd of the criminal law, in order to conceal, conceal the crime crime proceeds of crime, the proceeds of crime." "Two high" explained only know is robbery "vehicle" and the implementation of the sale, the sale how to determine the act made provisions, but in practice it is often for stolen bicycles, electric bicycle, motorcycle are to be acquired, sales, which include motor vehicles, including non motor vehicle, the behavior that the implementation of the the same person again how conviction? Is "conceal, conceal the crime to offend", "buying, selling stolen goods" in which one? Or two charges? There is no other law to make specific provision. In addition, the "two high" explanation did not mention the robbery of motor vehicle to be harboring, transfer behavior of how to determine the problem, so this behavior is still to be harboring, transfer of stolen goods, "two high" explanation is not clear. Therefore, the "two high" interpretation is not to determine the "criminal law" revised 312nd accusation explanation.

 2, "to conceal, conceal" should be used as the fixed collocation, not separate application. According to the investigation of Chinese dictionary, "hide" is covered so that people do not see the truth, "hide" say that hide the truth not let people know. "Hide", "hide" two words are synonyms. "Criminal law amendment (six)" in article 312nd of the criminal law revised as "knew perfectly well that is the crime income and its benefit and to be harboring, transfer, acquisition, sale or for other ways to cover up, conceal, and three years in prison......". The "other ways to cover up, conceal" shall mean the harboring, transfer, acquisition, in addition to sales outside of the crime income and revenue generated by the cover up, conceal behavior. According to the "criminal law" Provisions Article 312nd and "Supreme People's Court on the implementation of people's Republic of China Criminal Law > confirm crime provisions in", "harboring, transfer, acquisition, sale of stolen goods" of selective accusations. In practice, the judicial organs are to conduct the specific implementation of the behavior to determine which charges. From the "two high" interpretation of "hide, conceal the proceeds of crime, the proceeds of crime" the new crime expression of view, whether this crime should also be selective accusations? If it is selective charges, so, in practice and how to master and apply the difference? What is the "Mask", what is "hidden", it is difficult to distinguish. Therefore, "to conceal, conceal the proceeds of crime, the proceeds of crime" should not be selective.

3, the "two high" interpretation of the "sale" knowingly Daoqiang motor vehicle behavior "conceal, conceal the proceeds of crime, the proceeds of crime" and "criminal law" the 312nd representation and the original intention of legislation conflict. "High" to explain the first explicitly put the "sale" knowingly Daoqiang motor vehicle behaviors identified as "hide, conceal the crime to offend", to understand it "conceal, conceal the meaning of" in a broad sense, it may include a proposed in the previous "harboring, transfer, acquisition, sale" and other content, so treat purchase, sales of motor vehicle theft and robbery behavior in order to conceal, conceal the crime to offend the conviction and punishment no, but according to the "criminal law amendment (six)", "conceal, conceal the crime to offend" should be selective accusations are "harboring, transfer, acquisition and sale of stolen goods," side by side, and "explain" the first specify the "sale" knowingly Daoqiang motor vehicle behaviors identified as "hide, conceal the crime to offend", this obviously and the provisions of criminal law legislative intent expression and contradiction.