| The inclusion of self-laundering in the scope of anti-money laundering laws in the11 th amendment to the Criminal Law is a major legislative progress in line with international trends in China.The inclusion of self-laundering also brings new challenges to the application of traditional criminal theory in China.The specific handling of the relationship between upstream crimes and self-laundering behavior is currently not clearly addressed in judicial interpretations.There are different views among scholars on how to handle this issue,with most advocating for concurrent sentencing of self-laundering and upstream crimes to meet the requirements of criminal law theory and judicial practice.Some scholars suggest applying concurrent sentencing and heavier punishment based on the behavior of concealment or physical transfer,while others argue that these views are one-sided.So the situation of the justice and the theory conflicts still need be reflected.The types of legal interests protected by the crime of money laundering,including self-laundering,which continue the legal interests infringement of upstream crimes and cause new financial management disorder.Based on the means and behaviors of money laundering,self-laundering is divided into transfer type and transformation type,and the degree of infringement of upstream legal interests and new legal interests by different means of behavior is analyzed.Criminal law theories and punishment principles are applied to analyze the number of crimes and specific punishments of self-laundering behavior and propose corresponding punishment models.Transfer type and transformation type self-laundering are related to the cause-result type of upstream crimes.Finally,the principle of determining the number of crimes for transfer type and transformation type self-laundering behavior is derived based on the overlap degree of upstream and downstream behaviors infringing on legal interests and the correlation degree of crime composition. |
PDF Full Text Request