Study On The Problems Of Covering Up Or Concealing Criminal Gains And Benefits

It is a common crime to conceal illegally acquired goods in judicial practice, which often comes along with other kinds of crimes, such as thefts and robberies. Although it is dependent, as an independent crime, it has its own characteristics and the criminal law theory and judicial practice of difficult problems to be solved. The analysis of these problems and combining with the judicial practice of the specific case of inspection of relevant theory can make up for the inadequacy of the theory, so as to better guide the practice case.In disguise to hide the proceeds from the crime, subjective aspect of knowing that the criminal law theory and judicial practice of a problem, it directly relates to the boundaries of behavior person crime and is not a crime. First of all, know content decide that there is a difference to decide the content of knowing. Some think that the content of knowing is the harmful consequences for behavior, while others think that the content of knowing is the understanding of the criminal object. When looking from this crime indictment description, knowing is a crime income of crime or generated income, which is relatively appropriate to identify the income of crime or relative crime. There is sure to behavior person to know perfectly well and might say. The theory of sure think behavior person has a certain understanding of the stolen goods while the theory of might contains the behavior person understanding of the possibility of stolen goods. From the aspects of subjective intent the theory of might is in line with the indirect intent. Many suspected crime intentionally do not exclude indirect intent, while the theory of sure only admit directly intentionally is not reasonable. In judicial practice, the theory of might is more in line with the needs of the actual case, and the theory of might is difficult to operate, and the theory of might can fight against crime to maximum impact of theft, such as robbery, thus achieving the purpose of better against this crime. Due to the richness of language, there are more interpretations about ought to know in the relevant judicial in our country. Clearly knowing is very easy to operate in the middle of the judicial practice although it is not rigorous as a colloquial expression. Clearly knowing is often used with no good reason, and that is on the premise of no good reason for stolen goods.This is a feature of our country’s legal language.Whether knowing the content or on various theories, knowing eventually will be arrival to the judgment standard of knowing. About knowing, the judgment of the standard is based on behavior person’s situation such as the age, social experience. There are objectively speaking based on the understanding of the situation and speaking of combined compromise. Subjective and objective said only focus on one side while ignoring the other side of the things, which is defective, and compromise said both will be together, a more comprehensive and reasonable. On the concrete application of law in trying criminal cases of money laundering question the interpretation of the rules knowing, the defendant shall be combined with cognitive ability to contact other crime and its income situation, the types of crime and its income amount, the transformation of crime and its income transfer mode and the defendant’s confession main objective factors are identified. The judicial interpretation of our country also adopt the compromise that point of view. In judicial practice, measuring a number of factors is also the embodiment of the eclecticism, such as trading objects for motor vehicle gold ornaments of buying and selling some of the items prohibited by the state. It is the most important to hide time place, especially the price factor. In the cognizance of the judicial practice, only after comprehensive the above factors, can be sure that that person knowing more heart.If the offender subjective knowledge is relatively abstract things, then the object of crime, the crime proceeds of crime income is relatively specific things, but the related problems are not so. About the scope of the crime in the crime countries also have differences, such as some countries are limited to the theft robbery crimes against property, while some countries are expanded to all crimes. From chapter about this crime in our country and relevant judicial interpretations, it contains all the specific provisions of criminal law crime. Crime, as the name implies, is usually attributed to meet the requirements of crime constitution, after the recognition of the crime. But to put it in a specific context, such as crime the crime proceeds, if any mechanical understanding of the meaning is not appropriate. Understanding the crime here as a kind of methods, such as illegal crime method is more appropriate, more in line with the judicial practice. Because in the judicial practice, the upstream crime of the offender to justice death, under the situation of criminal responsibility age happens quite often, this crime behavior person is often also be sentenced at this time.With the development of the society, this crime criminal object is constantly changing, from common personal property to real estate, including such as creditor’s right document, which can be more based on the physical carrier of other interests, and some of the prohibited item stolen by upstream crime, in the process of being hidden may be processing altered trading exchange, etc, but in the process, It does not change that it should be punished by penalty social attribute, and still has the identity of stolen goods. The income of crime also belongs to the category of being confiscated by recovery. Of course the extension of the identity of stolen goods is not unlimited, it is bound to affect the market transaction, to maintain the flow of content effectively, the cover which is limited to direct is more appropriate.