隐瞒犯罪所得
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“借钱”作幌“投资”为名,一大型超市高管受贿逾700万落网
Xin Jing Bao· 2025-11-21 07:09
经专案组调查,一桩始于2022年底的权钱交易浮出水面。当时正值该超市与长期合作的物流供应商肖某 公司续签合同的关键时期。手握华东区域运营、仓储、物流大权的管某向肖某透露自己急需用钱,提出 借款请求。静安公安分局经侦支队民警蔡志杰告诉贝壳财经记者,这笔300余万元的资金流转既没有借 条,也未约定还款期限和利息,完全不符合正常借贷的特征。"管某事后以'明年生意继续做'作为承 诺,肖某的公司随后顺利获得续约。这实质上就是确保商业机会的'买路钱'。" 包装成朋友间的"资金借贷",背后却隐藏着赤裸裸的权钱交易。 11月21日,上海静安警方向新京报贝壳财经记者披露侦破一起大型连锁超市高管受贿案。该超市华东营 运部负责人管某在任职期间,多次向合作供应商索取巨额"借款",其中已查实的涉案金额达700余万 元。 2025年7月,静安公安"蓝鲸"护企工作站走访企业过程中发现,辖区一大型连锁超市于近期接到大量匿 名投诉举报,矛头直指该超市华东营运部负责人管某。该线索聚焦于管某利用职权干预企业招投标项目 并从中牟取不正当利益,经与该超市相关部门核实,所涉金额数额巨大,情况属实,警方随即成立专案 组展开调查。 目前,犯罪嫌疑人管某因涉 ...
两高司法解释精准打击电信网络诈骗犯罪
Zhong Guo Qing Nian Bao· 2025-08-27 10:36
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate have jointly issued a legal interpretation aimed at more precisely combating downstream crimes related to telecommunications and online fraud, effective from August 26, 2023 [1]. Group 1: Legal Interpretation Details - The interpretation consists of 12 articles that address the crime of concealing and disguising criminal proceeds, which is closely linked to telecommunications fraud and online gambling [1]. - The crime of concealing and disguising criminal proceeds has seen a shift in its primary associated crime from theft to fraud, particularly telecommunications fraud [1]. - The interpretation emphasizes strict legal standards for determining "knowledge of criminal proceeds," aiming to prevent the over-expansion of criminal liability [1]. Group 2: Criteria for Judging Social Harm - The interpretation outlines that the social harm of the crime should be assessed based on upstream and downstream relationships, subjective malice, methods of conduct, amounts involved, and criminal consequences [2]. - It allows for the prosecution of smaller amounts of concealing and disguising criminal proceeds if they are closely related to upstream crimes and have severe consequences [2]. - Conversely, larger amounts that are loosely connected to upstream crimes may not be prosecuted or may receive leniency [2]. Group 3: Penalty Standards - The interpretation optimizes the standards for aggravated penalties, distinguishing between serious crimes like illegal mining and other offenses, with specific monetary thresholds set at 5 million and 500,000 yuan respectively [2]. - A new provision encourages cooperation with judicial authorities in tracing upstream crimes, allowing for reduced penalties for those who assist in recovering losses [2].
涉“两卡”犯罪案件数量仍处高位 两高一部发文惩治电诈“帮凶”
Zheng Quan Shi Bao Wang· 2025-07-28 11:47
Core Viewpoint - The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security have issued guidelines to combat information network crimes, particularly focusing on organized, professional, and cross-border assistance in such crimes, emphasizing strict penalties for key offenders [1][2]. Group 1: Trends in Cybercrime - Since 2020, the number of cases related to assistance in information network crimes has been increasing, with over 100,000 cases reported in 2023, despite a significant decrease in the first half of 2024 compared to previous years [1]. - The rise in cases involving "two cards" (bank cards used for illicit activities) has also been noted, indicating a persistent high level of related criminal activity [1]. Group 2: Characteristics of Offenders - Current offenders in assistance crimes exhibit a "three lows and one high" profile: low age, low education, low income, and a high proportion of first-time offenders, with over 80% of defendants under 35 years old and one-third under 25 [2]. - There is a notable issue with minors and students being involved in these crimes, raising significant social concerns [2]. Group 3: Legal Framework and Enforcement - The guidelines clarify the criteria for determining whether an individual knowingly assisted in a crime, emphasizing the need to assess the severity of the crime and the involvement of the accused [3]. - The guidelines advocate for a balanced approach in enforcement, suggesting leniency for minors and those at the lower end of the criminal chain while ensuring strict penalties for serious offenders [3]. - Collaboration among various governmental departments is encouraged to enhance the comprehensive governance of information network crimes, focusing on both prevention and punishment [3].