Judicial Determination Of The Crime Of Self-launderin

Self-laundering refers to the act of changing the nature and source of the illegal proceeds of the predicate crime through a series of complex "bleaching" means after the predicate perpetrator has committed the predicate crime and obtained the proceeds of the crime and its proceeds,so as to legalize them.The Amendment to the Criminal Law(Eleventh)creates the crime of self-laundering,which to a certain extent breaks through the traditional conditions of application of the crime of stolen goods,increases the punishment for the crime of money laundering,and expands the scope of application of the crime of money laundering.At the same time,it will also inevitably bring new difficulties for judicial application,and new requirements for the identification criteria of the crime of money laundering.This paper analyzes and studies the judicial application of the crime of self-laundering in the context of current criminal law theory and judicial practice,uses the doctrinal approach of criminal law to elaborate on its constituent elements,further clarifies the behavior pattern of self-laundering,and puts forward its own opinions on how to understand and apply this crime,so as to provide reference for judicial practice.This paper consists of three chapters,the main contents are as follows:The first chapter is mainly to sort out and analyze the connotation and judicial status of the criminal act of self-money laundering.The first is to define the connotation of the criminal act of self-money laundering,compared with other money laundering acts,the difference is mainly reflected in the subject of the act.Secondly,from the perspective of criminal legislation,the rationality of criminalizing self-money laundering is elaborated,taking into account the criminal theory and basic principles of criminal law in China.Finally,the criminal cases related to self-money laundering that occurred after the implementation of Amendment(XI)to the Criminal Law are sorted out,and the current situation of application of self-money laundering in judicial practice is analyzed.Chapter 2 is to reinterpret and explain the objective constitutive elements and subjective constitutive elements of self-money laundering on the basis of the legal interests protected by the crime of money laundering.In terms of objective constitutive elements,the five types of acts stipulated in the money laundering crime are analyzed to clarify the criminal act of self-laundering.In terms of subjective elements,the Amendment to the Criminal Law(Eleventh)removes the requirement of "knowingly" from the crime of money laundering,but this does not mean that negligence can constitute the crime of money laundering,which is still an intentional crime.The third chapter is to analyze and study the judicial determination of self-laundering,such as the number of crimes and the determination of accomplices.The first is the number of crimes,which should be based on the comprehensive evaluation of the infringement of legal interests and the principle of "one from the heaviest",and combined with typical money laundering cases,to implement several crimes of self-laundering and predicate crimes.Secondly,the determination of complicity should be based on the standard of "prior conspiracy" and the distinction between the two should be made by the content of the conspiracy.Finally,following the principle of adaptation of crime and punishment,and in accordance with the relevant provisions of the competing laws and judicial interpretations,the relationship between the crime of self-laundering and the crime of concealing and concealing the proceeds of crime and proceeds of crime should be further clarified,and the scope of the predicate crime and the content of the act of concealing,transferring and concealing drug proceeds should be determined.