1.19.2009

Draft CL amendments - Article 312 (2) receipt of stolen property

Addition of a second paragraph to article 312 was proposed by the People's Bank of China, to criminalize receipt of stolen property by work units. Inclusion of such a provision in the Criminal Law should aid implementation of provisions on money laundering, contained in art. 191 of the CL and in the PRC Anti-Money Laundering Law.

Article 312

Whoever knowingly conceals, transfers, purchases or helps to sell illegally acquired goods shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined. If the circumstance are serious, he shall be punished with not less than three years and not more than seven years fixed term imprisonment and a concurrent fine.

Proposed amendment: Where a unit commits the crime mentioned in the second paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the offence shall be punished in accordance with the provisions of the above paragraph

单位犯前款罪的,对单位判处罚金,并对其直接负责的主管人员和其他直接责任人员,依照前款的规定处罚。
Translation courtesy CECC

It is worth noting that no criteria exist to determine when an offence under art. 312 takes place in "serious circumstances". The only relevant provisions I am aware of are contained in art. 1 par. 2 of the 最高人民法院、最高人民检察院关于办理与盗窃、抢劫、诈骗、抢夺机动车相关刑事案件具体应用法律若干问题的解释, and refer to motor vehicles.

Related:
  • List of amendments to the CL of the PRC
  • 中华人民共和国反洗钱法 (English)
  • 最高人民法院、最高人民检察院关于办理与盗窃、抢劫、诈骗、抢夺机动车相关刑事案件具体应用法律若干问题的解释
  • Art 191. Whoever, while clearly knowing that the funds are proceeds illegally obtained from drug-related crimes or from crimes committed by mafias or smugglers and gains derived therefrom, commits any of the following acts in order to cover up or conceal the source or nature of the funds shall, in addition to being confiscated of the said proceeds and gains, be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than five percent but not more than 20 percent of the amount of money laundried; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five but not more than 10 years and shall also be fined not less than five percent but not more than 20 percent of the amount of money laundried:

    (1) providing fund accounts;

    (2) helping exchange property into cash or any financial negotiable instruments;

    (3) helping transfer capital through transferring accounts or any other form of settlement;

    (4) helping remit funds to any other country; or

    (5) covering up or concealing by any other means the nature or source of the illegally obtained proceeds and the gains derived therfrom.

    Where a unit commits any of the crimes mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.









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