Doctrinal Analysis of Post-Event Unpunishable Behavior and Criminalization of Self-Money Laundering
The theoretical value of post-event unpunishable behavior should be empha-sized.The legislative revision of self-money laundering provides an opportunity to re-examine the internal structure of post-event unpunishable behavior.Pre-event punishable behavior and post-event unpunishable behavior are in plural forms,forming a two-level structure.There are both differences in fact and intrinsic relations between them.Post-event unpunishable behavior has the characteristic of punishability under the condition of the establishment of a crime.It is not a behavior that"should not be punished"in itself,but,based on the identity of legal inter-est infringement,is to be punished together with the pre-event behavior,rather than separately,under the holistic evaluation principle.It is necessary to define the basis of unpunishability of post-event behavior based on the relationship between prior and post behaviors and to measure the identity of legal interest infringement in light of the"legal interest correlation"and"legal interest limitation"contained in prior and post behaviors.In the criminalization of self-money laundering,it is"self-money laundering"rather than"post-event unpunishable behavior"that has been changed.The criminalization of self-money laundering should still be evaluated in the framework of post-event unpunishable behavior.It neither belongs to the legal basis of post-e-vent unpunishable behavior nor negates the type of post-event unpunishable behavior;nor is it in a relationship of mutual exclusion and complete opposition with post-event unpunishable be-havior.Because of the change of legal interest,it is difficult for self-money laundering to meet the inherent requirements of"legal interest limitation"under the identity of legal interest in-fringement,resulting in the blockage of the path of"co-punishment"between post-event self-money laundering behavior and pre-event upstream criminal behavior.Therefore,this criminal-legislation criminalization can be supported internally by the analysis of criminal law doctrine,but cannot be applied by analogy to other stolen goods-related crimes.The criminalization of self-money laundering should be analyzed on the basis of post-event behavior to avoid the expan-sion of the criminalization of self-money laundering caused by improper mixing up of pre-event behavior and post-event behavior and prevent the proliferation of combined punishment caused by the non-stereotypical nature of bottom line clauses after the criminalization of self-money laundering.Emphasizing the formal boundary of pre-event behavior and the substantive inde-pendence of legal interest infringement in self-money laundering can not only maintain the logi-cal connection between the type characteristics and doctrinal analysis of post-event unpunishable behavior but also curb the hidden risk of proliferation of criminalization caused by the criminal-ization of self-money laundering after the legislative revision,and is conducive to the coordina-tion between active legislation and appropriate judicial punishment.
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