| The Criminal Law Amendment(11)has made numerous amendments to the crime of money laundering,among which the suppression of "knowing" implies the subjective intent of the crime of money laundering,so that it has attracted a great deal of attention.This paper argues that "knowing clearly" in the general provisions of our criminal law and"knowing clearly" in the specific provisions are not the same thing,the difference is reflected in the connotation,the nature and the status of the systems.In the general dispositions,"knowing" refers to the cognizing factor in criminal intent,including cognition of the essential constituent facts and general social harmfulness in content,and adopting the theory of legal compliance in degree,this is a kind of accountability element.In the dispositions,"knowing" refers to "knowing clearly," which is a kind of knowing with a high degree of certainty,and which belongs to the elements of subjective violation.Due to the influence of the element of "knowing",the old money laundering crime before the modification not only requires the actor to have the understanding of the social harm in the general sense,but also requires the actor to realize the specific criminal acts that cause the social harm,with "dual nature";In form,it can only be composed of direct intent,definite intent and prior intent.In terms of recognition,most judicial interpretations at that time put "knowing" and "should have known" in parallel,and the way of presumption was adopted in practice,while the explanation of money laundering crime had certain progressive significance.The new post-modification crime of money laundering has changed in both content and intentional form.It no longer requires the actor to possess "dual knowledge" in content.It expands in form from direct intent to indirect intent,and definite intent and uncertain intent may both constitute the crime of money laundering after modification.The abolition of "knowing" gives rise to a new question,i.e.whether the new crime of money laundering,which is charged with"concealing the proceeds of crime and concealing the proceeds of crime",is a crime committed on purpose.In this paper,we believe that it does not conform to the basic logic of purposive crime,and is not an intentional crime in the traditional criminal law sense.In determining the new crime of money laundering,though the "knowing" of the criminal purpose is removed from the indictment,it remains to identify it as one of the contents of the criminal intent. |
