Research On The Crime Of Self-money Laundering

Self-money laundering refers to the criminal act of "washing and bleaching"and legalizing the proceeds of crime and its proceeds after the perpetrator commits a specific upstream crime.Criminal Law Amendment(XI)decriminalizes self-laundering by deleting expressions such as "knowing" and "assisting",expands the punishment scope of money laundering crime,and promotes great progress in China’s anti-money laundering criminal legal regulation,which contains rich legislative purport.This revision is an innovative development of China’s criminal law theory,expanding the research perspective of stolen goods crime,making it clear that self-money laundering crime is not an unpunished after-the-fact behavior,and affirming the punishability and independence of self-money laundering behavior;It is helpful to effectively control money laundering crimes and upstream crimes,prevent the vicious circle of repeated crimes and money laundering crimes,improve the dilemma of low-level operation of money laundering crimes,and implement the top-level design of anti-money laundering mechanism system;It shows that China actively participates in international anti-money laundering cooperation,is in line with the international anti-money laundering criminal legal system,adapts to the FATF assessment requirements and completes the follow-up rectification requirements of mutual evaluation.The criminalization of self-money laundering will bring new problems in the judicial application of money laundering crime.It is necessary to further examine these problems,accurately understand the constitutive elements of self-money laundering crime,clarify the scope of criminal income and income of seven specific types of upstream crimes,specifically analyze the identification of smuggling crimes and black-related crimes,clarify the objective behavior of self-money laundering crimes.Accurately identify the nature of money laundering by providing funds account.After the deletion of the element of "knowing",it is still an intentional crime from the subjective aspect of money laundering,but the proof standard of money laundering crime has been reduced.The proof of his money laundering crime can be presumed in form,but there are certain restrictions on the specific application.Since the criminalization of money laundering,it has had a certain impact on the identification of joint crime,which leads to the complication of the accomplice of money laundering crime and upstream crime.On the basis of determining that the self-laundering behavior can be independently evaluated,it is determined that the establishment of money laundering crime should be based on the establishment of upstream crime,and the accomplice of self-laundering crime and upstream crime should be distinguished by prior conspiracy,so as to accurately identify the principal and accessory of self-laundering joint crime.In order to improve the judicial effect of cracking down on money laundering,if the perpetrator is found to have committed the upstream crime before committing money laundering,he should be punished for several crimes,which does not violate the principle of repeated evaluation,but also conforms to the principle of the number of crimes.In the sentencing process of self-laundering crime,the sentencing balance between self-laundering and upstream crime should be considered to reflect the sentencing difference between self-laundering and other money laundering,and appropriate restrictions should be set for the application of unlimited fines to prevent the abuse of discretion.