Study On The Judicial Application Of Self-money Laundering Crime

Amendment(XI)to the Criminal Law of the People’s Republic of China revised the provisions of the money laundering crime.According to the revised legal provisions,upstream criminals,for the purpose of concealing,engage in activities such as "washing and drifting" the proceeds of upstream crimes to change their sources and attributes,establishing the crime of self-money laundering.This revision breaks through the constraints of theories such as afterwards no punishment and expected possibility on self money laundering behavior and makes significant modifications to the subject of money laundering crimes.This revision not only brings progress to the legislation of money laundering crimes,but also brings many urgent issues in judicial application that need to be addressed.The constituent elements of self-money laundering crimes,the number and form of self-money laundering crimes,and the identification of accomplices in self-money laundering crimes all require in-depth research.This paper identifies the number of self-money laundering crimes and upstream crimes based on the similarities and differences in infringement of legal interests.When upstream crimes are Crimes of Undermining the Order of Financial Management and Crimes of Financial Fraud,and the charges include "serious circumstances",self-money laundering and upstream crimes infringe on the same legal interests and shall be convicted and punished according to the upstream crimes;When upstream crimes are other crimes,self-money laundering crimes and upstream crimes infringe on the different legal interests and shall be punished in accordance with a combination of multiple crimes.In response to the difficulty of distinguishing between self-money laundering crimes and related crimes,judicial practice can distinguish between self-money laundering crimes and concealing or concealing criminal gains or proceeds of crime based on the subject and attributes of the behavior.If the subject of the crime is an upstream criminal,the application of the crimes of concealing criminal proceeds or proceeds of crime is excluded.When the upstream crime is a drug crime,judicial practice can distinguish between the self-money laundering crime and the crime of harboring,transferring,concealing drugs,and drug smuggling based on the subject of the act.If the subject of the crime is not the upstream criminal,priority should be given to identifying the crime of harboring,transferring,concealing drugs,and drug smuggling;If the criminal subject is the upstream criminal,determine whether it is a self-money laundering crime.The criminalization of self-money laundering has made the identification of accomplices more complex.The general standards for identifying accomplices in the past are no longer applicable,and it is necessary to use the content and time of collusion as new standards to identify accomplices in self-money laundering crimes.If the perpetrator of self-money laundering engages in money laundering through the use of an insider,the insider is an accomplice to the money laundering crime due to the fact that the perpetrator is aware,subjectively intentional,and objectively committed the criminal act;If the perpetrator of self-money laundering uses an uninformed person to carry out money laundering,as the uninformed person does not have subjective criminal intent,it is not established as an accomplice in the money laundering crime.