Jimu News Reporter Cao Xuejiao On August 19, the Supreme People's Court and the Supreme People's Procuratorate jointly held a press conference to release the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Appl

Jimu News reporter Cao Xuejiao

According to the relevant person in charge of the Supreme People's Court, this "Interpretation" has a total of 13 articles. The main contents include: First, clarifying the identification standards for the crime of "self-laundering" and "money laundering by others", as well as the review and identification standards for the subjective understanding of the crime of "money laundering by others". . The second is to clarify the criteria for determining the “serious circumstances” of money laundering crimes. If the amount of money laundered is more than 5 million yuan, and the money laundering behavior has been carried out multiple times; if the person refuses to cooperate with the recovery of property and property, resulting in the recovery of the stolen money and property; if the amount of money laundered is more than 5 million yuan, or if there is any other serious consequence, the person shall It was deemed as "serious circumstances". The third is to clarify seven specific situations in which "other methods are used to conceal or conceal criminal proceeds and the source and nature of the proceeds." The fourth is to clarify the principle of concurrent punishment for the crime of money laundering and the crime of covering up, concealing criminal proceeds, and criminal proceeds. Concealing or concealing the criminal proceeds of a predicate crime and the proceeds thereof as stipulated in Article 191 of the Criminal Law constitutes the crime of money laundering. If it also constitutes the crime of concealing, concealing criminal proceeds or criminal proceeds, it shall be convicted and punished in accordance with the crime of money laundering. Fifth, clarify the amount of fines. Specifies the minimum amount of fines to be imposed in different statutory sentencing ranges. Sixth, clarify the standards for lenient punishment. If the perpetrator truthfully confesses the facts of the money laundering crime, pleads guilty and repentes, and actively cooperates in recovering the criminal proceeds and the proceeds generated therefrom, he may be given a lighter punishment; if the crime is minor, he may not be prosecuted or be exempted from criminal punishment in accordance with the law.

press conference site (Source: China Court Network)

The person in charge said that in the next step, the People’s Court will effectively implement the legislative spirit of severely punishing money laundering crimes, severely punish money laundering crimes in accordance with the law, and increase the number of underground banks involved in money laundering. Strengthen the crackdown on money laundering crimes such as crimes and the use of virtual currency and game currency. Punish the crime of "self-laundering" in accordance with the law. Strengthen the sentencing and enforcement of fines, recover the illegal gains of money launderers in accordance with the law, and prevent anyone from illegally profiting from criminal activities. At the same time, we should implement the criminal policy of combining leniency with severity, distinguish situations and treat them differently to ensure the best political, social and legal effects.

In addition, international cooperation on anti-money laundering will be strengthened. Make full use of legal weapons to combat transnational (border) money laundering crimes in accordance with the law, actively explore effective paths and methods to combat transnational money laundering crimes, improve and improve the international anti-money laundering system and mechanism, and form good cooperation that facilitates the identification of transnational crimes and transnational asset transfers. mechanism to effectively punish transnational money laundering crimes in accordance with the law. Vigorously strengthen international judicial assistance, actively participate in international cooperation in combating money laundering crimes, strengthen international pursuit of fugitives and recover stolen goods, and safeguard my country's economic and financial security and development interests.

(Source: Jimu News)