Judicial Determination Of The Crime Of "Self-Laundering"

Although the modification breaks through and improves the original framework of the crime of money laundering,the expansion of the scope of the upstream criminal subject will cause many disputes in the judicial application of the crime of money laundering.Therefore,in order to unify the understanding of "self-money laundering" in judicial practice,it is necessary to further explain the constituent elements of "self-money laundering".In the objective aspect,it mainly includes the identification of behavior mode and behavior object.First of all,for the identification of behavior mode,we should abandon the concept that the money laundering crime in the past can only be an accessory,and take the act of "providing fund account" as the behavior mode of "self-money laundering" crime.The interpretation of "assets" in "cross-border assets transfer" should also be based on the concept of protecting the fruits of people’s labor,and adopt an expanded interpretation to include artworks into the scope of regulation.At the same time,other behaviors in the "hiding","investment" and "mixed funds" clauses all have the risk of legalizing the stolen money and should be included in the regulation scope of "self-money laundering" crime.Secondly,for the identification of the object of behavior,the scope of criminal income should be limited to the range of assets or property interests directly obtained through the crime,and the income of criminal income is the value-added part of criminal income after processing.In the subjective aspect,the intention of the crime of "self-laundering" is self-evident,because the deletion of "knowing" is to cooperate with the crime of "self-laundering" and reduce the subjective standard of proof.However,this does not affect the upstream perpetrator’s need to recognize the nature of his criminal behavior.At the same time,in order to avoid objective imputing and maintain the modesty of criminal law,some small daily behaviors should be excluded from the criminal behaviors of "self-money laundering" on the basis that the crime of "self-money laundering" is a crime of purpose.In the process of clarifying the relationship between "self-laundering" crime and upstream crime,the first thing is to solve the current dispute on the scope of upstream crime.Therefore,in order to realize a reasonable evaluation of money laundering crime,we should exclude the commercial bribery crime of the non-state-owned subject in the crime of corruption and bribery and understand the scope of crime involving crime and terrorism from a broad perspective.Secondly,we should clarify the boundary problem of "self-money laundering" crime and upstream crime from the perspective of behavioral boundary and substantive boundary,so as to solve the competition and cooperation relationship between "self-money laundering" crime and upstream crime.Finally,in order to reasonably distinguish the relationship between accomplices of "self-money laundering" crime,the "complicity content" of the perpetrator should be further divided,and the time node of "prior" should be extended to before the outcome of the upstream crime.The specific content of "complicity" should judge whether there is a content of money laundering negotiation between the perpetrator and the perpetrator.The principal offender and the accomplice should be distinguished according to the role of the perpetrator in the crime of money laundering and the accomplice should be convicted separately.