Interpretation of the most popular judicial interp

2022-08-12
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Interpretation of judicial interpretation on the crime of theft and robbery of motor vehicles

in order to punish criminal activities related to theft, robbery, fraud and robbery of motor vehicles according to law, according to the criminal law, criminal procedure law and other relevant laws and regulations, the interpretation of the supreme people's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases related to theft, robbery, fraud and robbery of motor vehicles was published on May 9, 2007, Effective from May 11. In order to accurately understand and apply the interpretation, this newspaper specially published an interpretative article written by judge Zhu Erjun of the Supreme People's court who participated in the drafting for readers' reference

the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases related to theft, robbery, fraud and robbery of motor vehicles (hereinafter referred to as the interpretation), in view of the current new situation and characteristics of theft and robbery of motor vehicles (including theft, robbery, fraud and robbery of motor vehicles, the same below) and related crimes, as well as the prominent problems existing in the application of law by judicial organs, It is clearly stipulated that it is of great significance to punish the crime of stealing and robbing motor vehicles according to law, effectively curb the arrogance of the crime of stealing and robbing motor vehicles, and effectively protect the legitimate property rights and interests of the people. In order to accurately understand and apply the interpretation, we need to grasp the following issues:

first, about the crime of concealing and covering up the theft and robbery of motor vehicles

Article 1 of the interpretation solves the legal application of several common and controversial concealing the theft and robbery of motor vehicles. These acts include: (1) buying and selling, introducing buying and selling, pawning, auctioning, mortgaging or using it to pay debts; (2) Disassembling, assembling or assembling; (3) Modifying the engine number and vehicle identification code; (4) Changing the body color or vehicle shape; (5) Providing or selling certificates of the origin of motor vehicles, vehicle certificates, license plates and other certificates and certificates related to motor vehicles; (6) Providing or selling forged or altered certificates of the origin of motor vehicles, vehicle certificates, license plates and other certificates and certificates related to motor vehicles

among them, the "buying and selling" of stolen and robbed motor vehicles in Item (1) includes both buying and selling. Sometimes stolen and robbed motor vehicles have been bought and sold for many times, but as long as it is a stolen and robbed motor vehicle, no matter how many times it is bought and sold, the perpetrator is suspected of constituting a crime. From the perspective of the purpose of buying and selling stolen and robbed motor vehicles, some are for personal use and some are for profit. However, regardless of the purpose, as long as there is the behavior of buying and selling stolen and robbed motor vehicles, the perpetrators are suspected of constituting a crime. The illegal trading of stolen and robbed motor vehicles occurs in practice, especially in rural areas and surrounding areas. "Pawn" includes the behavior that the actor delivers the stolen and robbed motor vehicles to the pawn company for pawning, and also includes the behavior that the pawn company accepts the stolen and robbed motor vehicles. "Auction" includes the behavior that the actor delivers the stolen and robbed motor vehicles to the auction company for auction, and also includes the behavior that the auction company accepts the stolen and robbed motor vehicles for auction. "Mortgage" includes the delivery of stolen motor vehicles and the acceptance of mortgages. "Using it to repay debts" includes the delivery of stolen motor vehicles to repay debts and the acceptance of their debts

for the six types of acts in Article 1, the interpretation stipulates that in accordance with the provisions of article 312 of the criminal law, it shall be convicted of the crime of concealing or concealing the proceeds of crime and the proceeds of crime, and 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. Those involving more than five stolen motor vehicles or with a total value of more than 500000 yuan belong to the "serious circumstances" stipulated in article 312 of the criminal law and shall be sentenced to 3 years, but do you know that they shall be sentenced to fixed-term imprisonment of not less than 7 years and shall also be fined

it should be noted that the six types of acts listed in Article 1 do not necessarily constitute a crime, nor do they necessarily have to be investigated for criminal responsibility. In terms of the constitution of the crime, the implementation of any of these six types of acts only has the objective elements of constituting the crime, and the actor must also have the subjective elements at the same time to constitute a crime. The subjective element is that the actor must know that it is a stolen motor vehicle. There are two criteria to judge whether the perpetrator knows that it is a stolen motor vehicle, that is, there are two situations stipulated in Article 6 of the interpretation: (1) there is no legal and valid origin certificate; (2) The engine number and vehicle identification number have obvious traces of change, and there is no legal certificate

in the first case, "there is no legal and valid origin certificate", according to the provisions of item (8) of Article 38 of the provisions on the registration of spring testing machines in Jinan experimental machine factory as special instruments for testing springs formulated by the Ministry of public security, it means that there is no origin certificate in the following aspects: 1 The origin certificate of motor vehicles purchased in China is the national unified motor vehicle sales invoice or used motor vehicle transaction invoice. The origin certificate of a motor vehicle purchased abroad is the sales invoice issued by the vehicle sales unit and its translation; 2. The certificate of origin of the motor vehicle transferred by the court through mediation, ruling or judgment is the effective mediation, ruling or judgment issued by the people's Court of deep regret and the corresponding notice of assistance in execution; 3. The origin certificate of the motor vehicle transferred by the arbitration award of the arbitration institution is the arbitration award and the notice of assistance in execution issued by the court; 4. The origin of the motor vehicle that inherits, gives, wins the prize and offsets the debt by agreement is the relevant documents of inheriting, giving, winning the prize and offsetting the debt by agreement and the notarial certificate issued by the notary organ based on the certificate that can eliminate UV light and water; 5. The origin certificate of the motor vehicle included in the asset reorganization or the overall sale of assets is the approval document of the asset competent department; 6. The origin certificate of the unregistered motor vehicles purchased and allocated by the state organs to the subordinate units is the national unified motor vehicle sales invoice and the allocation certificate issued by the Department; 7. The origin certificate of the motor vehicle registered by the state organ and allocated to its subordinate units is the allocation certificate issued by the Department; 8. The origin certificate of the stolen and robbed motor vehicle returned by the public security organ and the claim has been settled with the original motor vehicle owner is the certificate of equity transfer issued by the insurance company; 9. The origin certificate of replacing the engine, body and frame is the sales order

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