Research On The Difficult Problem Of Concealing The Proceeds Of Crime Related To The Case Of Illegal Sand Mining

In recent years,illegal sand mining crimes have occurred frequently,and illegal mining cases involving illegal sand mining have continued to increase.The widespread occurrence of illegal sand mining crimes has caused major damage to the national mineral resources management order,water ecological environment,and national mineral resources interests.It is very necessary to use criminal methods to combat illegal sand mining.In December 2016,the "Interpretation of Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Illegal Mining and Destructive Mining" issued by Liang Gao included illegal sand mining in the conviction and punishment of illegal mining crimes stipulated in Article 343 of the Criminal Law,establishing the A criminal legal framework to combat the crime of illegal sand mining.The crime of illegal mining is a predicate crime of the crime of covering up,concealing criminal proceeds and proceeds of crime stipulated in Article312 of the Criminal Law,and has a very close relationship with the crime of covering up and concealing crimes.The cover-up and concealment crimes related to the illegal sand mining case,as the auxiliary principal offender,play a "helping role" to the illegal sand mining crime,and the two have a relationship of "helping and being helped".In the current judicial practice,the cover-up of related illegal sand mining cases,the concealment of criminal proceeds,the determination of "knowingly" the crime of criminal proceeds,whether the establishment of an accomplice to the crime of illegal mining,the determination of the criteria for filing a case and the criteria for serious circumstances,and the identification of floating crane operators There are difficulties in the four aspects of the behavior of providing transfer services and the qualitative behavior of "secondary collection of stolen goods",and the above problems need to be studied.The above-mentioned difficulties in the judicial determination of the related illegal sand mining case of covering up,concealing criminal proceeds,and criminal proceeds are mainly due to the fact that the judicial interpretation did not characterize "knowledge",the unbalanced sentencing of upstream and downstream crimes,and the new judicial interpretation of concealing and concealing crimes.challenge.It is necessary to improve the identification of"knowledge" in the crime of concealing illegal sand mining cases,concealing criminal proceeds,and proceeds of crime,condense the theoretical consensus on "knowledge",and try to cover up related illegal sand mining cases in relevant judicial interpretations.Conceal the crime of "knowledge" to make provisions,improve the standard of filing a case for the crime of concealing,concealing criminal proceeds,and proceeds of crime and the seriousness of the circumstances,establish the principle of prosecuting the crime of concealing and concealing criminal proceeds at a higher standard than the predicate crime,and appropriately increase Covering up and concealing crimes with "serious circumstances" amount standards,improving the conviction and sentencing of related illegal sand mining cases covering up,concealing criminal proceeds,and criminal proceeds crimes,accurately grasping the conviction of illegal mining cases involving illegal sand mining,and correctly identifying "pre-conspiracy""Correctly convict the cover-up and concealment in related illegal sand mining cases,correctly apply judicial interpretations,comprehensively consider sentencing standards,handle the coordination and balance of conviction and sentencing of upstream and downstream crimes,cover up and conceal criminal proceeds in related illegal sand mining cases 1.In the process of dealing with the crime of crime proceeds and proceeds,adhere to the criminal law principle of "suitability of crime,responsibility and punishment" as a countermeasure to solve the problem.