A Study On The System Of Confiscation In The Crime Of Money Laundering

The field of criminal forfeiture refers to a part or even all of its various forms show herein are the property forcibly nationalized without compensation measures. According to China’s Criminal Code field of criminal forfeiture and confiscation into special general confiscation, Which is also known as the general confiscation of Forfeiture of Property, refers to a part or all reverted to the offender’s own legal owner of the property of the state, its object is the perpetrator confiscated legally owned property; But if it comes to the proceeds of crime, contraband, criminal tools, and I used for property crime, a crime in order to be able to cut off funding chain, implement the principle can not be obtained from the illegal proceeds of crime in order to achieve the effect of punishment and crime prevention, the state must start for those involved in the property and the possible changes in the recovery of various forms, and this is particularly confiscated。Special provisions in the criminal confiscation regime Article 64 of the Criminal Law, Because of the Criminal Code only this one on special confiscation provisions and the provisions of expression is quite general and in practice often encounter many problems can not be solved:What is the nature of criminal forfeiture in particular, prevention or punishment? Confiscation of how wide the range is real, tangible property itself still contains a variety of forms of property conversion? Whether the property only refers to movable and immovable property and other tangible assets, intangible benefits and whether the object is forfeited under this section? If it comes to how to protect the interests of a third person in the confiscation process, whether all of the third person’s property shall be returned? Whether the third person is at fault for the confiscation of any impact? If the above should be confiscated property purchased by a third party in good faith, whether the third person to take ownership of the property in good faith? At present, China Whether or Property Code of the Criminal Code of stolen goods in good faith to achieve regime did not have a conclusion. And that provision also lacks provisions on international cooperation in the fight against criminal proceeds of crime, international cooperation mechanisms to establish how the confiscation of our problems to be solved。According to the definition of the International Criminal Police Organization, Money laundering refers to the illicit proceeds is intended to conceal or hide the source of any act or behavior so that it attempts to legitimate sources, Expand its scope of predicate offenses to all crimes, by contrast, our range of money-laundering offenses are much smaller, confined to statutory seven crime categories, From the fact, the crime of money laundering international crime of money laundering covers all criminal acts of money laundering plus equal to disguise or conceal the proceeds of crime, proceeds of crime offense。On the other hand, international organizations and international conventions on money laundering criminal money-laundering, including confiscation made in front of confiscated objects, protect the rights of bona fide third parties, not how to achieve conviction under confiscation and international cooperation mechanisms in the form of confiscation etc. detailed provisions, These advanced anti-money laundering provisions to combat crime not only a reference for our country, Can be further extended to other than the crime of money laundering to disguise or conceal the proceeds of crime, proceeds of crime act。 for the reason that, Reasonably absorb and draw on advanced international system, not only to fulfill our obligations under international conventions, but also to better serve the needs of our combat criminal offenses。 This paper attempts to explore the shallow advanced to the international anti-money laundering systems and experience to make in order to benefit our country in the form of confiscation。...