Money Laundering Crime Determination Class Case Study

The crime of money laundering is extremely dangerous in our society and seriously affects economic development and social stability.In China’s criminal legislation system,money laundering crimes are subdivided into three crimes,namely money laundering crime,the crime of concealing,transferring and concealing drugs and drug proceeds,and the crime of concealing and concealing the proceeds and proceeds of crime,of which the first two are special crimes and the last one is an ordinary crime.In recent years,the crime of money laundering has been on the rise,but the judicial practice has different standards for the determination of the crime of money laundering,and there are a large number of cases with different sentences,and there are various controversies between the law and prosecution or between the courts of first and second instance regarding the determination of the crime of money laundering.This paper selects three of the controversial points for study,which are whether the act is an infringement of the financial management order,whether the actor knows that it is the proceeds of a specific crime and which acts can be evaluated as money laundering crimes.The legal benefits of money laundering are dual in nature,with the financial management order being the primary one and judicial activities being the secondary one,and the money laundering crime must be found to be an infringement of the financial management order.The crime of money laundering requires that the perpetrator knows that the object of the crime is the proceeds of a special type of crime,but this knowledge is generalized;the degree of knowledge is said to be definite or probable;the judgment of knowledge is said to be subjective and objective;the proof of knowledge can be considered from two dimensions: evidence and presumption.The act of money laundering is diverse,but it must have the basic characteristics of concealing and concealing the source and nature of the proceeds of crime;the mere act of harboring,transferring,possessing and using cannot be evaluated as the crime of money laundering.