Research On Difficulties In Judicial Application After "Self Money Laundering" Is Criminalized

The Eleventh Amendment to the Criminal Law officially includes "self money laundering" behavior in the category of money laundering crimes,and its modification has also attracted attention and discussion from the academic community.At present,the "self money laundering" behavior has many difficulties in judicial application due to the short time of incrimination,inadequate relevant judicial interpretation,insufficient judicial practice experience and other reasons.Based on the exploration of the constitutive patterns of "self money laundering" behavior and the analysis of typical cases,this article provides a theoretical analysis and research on the relationship between "self money laundering" behavior and upstream criminal behavior,as well as the issues related to criminal forms after "self money laundering" behavior is criminalized.Firstly,this article focuses on the identification of the constituent elements of money laundering after the criminalization of "self money laundering",and analyzes them from the aspects of object,objective,subject,and subjective.Secondly,based on the analysis of the theory of "unpunishable afterwards behavior",this article defines the relationship between "self money laundering" behavior and upstream criminal behavior,and distinguishes between "self money laundering" behavior and traditional stolen goods criminal behavior.Finally,this article elaborates on the determination of the criminal form involved in the criminalization of "self money laundering" behavior.On the one hand,the determination of its criminal form cannot be separated from the determination of the number of crimes,and must be based on the determination of the relationship between "self money laundering" behavior and upstream criminal behavior;On the other hand,the determination of its criminal form cannot be separated from the determination of the form of accomplice,and it must closely revolve around the content of "joint intention communication".In addition,this article also classifies,summarizes,and discusses the overlap between the number of crimes and the form of accomplice based on typical cases.