In response to the competition between upstream crimes and money laundering crimes,self money laundering behavior has independent legal infringement and should adhere to the principle of combined punishment for multiple crimes.In response to the issue of joint crimes,the principle of subjective and objective consistency should be adhered to,and specific analysis should be made based on the time and content of collusion between up-stream criminals and money laundering perpetrators.Regarding the issue of balanced punishment,money launde-ring should not constitute a crime even if the upstream crime does not constitute a crime.However,if the upstream behavior has reached the level of criminal law and has not yet been convicted,then the downstream behavior may constitute the crime of money laundering.In terms of the issue of sentencing for self money laundering,we should adhere to the principle of balancing upstream and downstream penalties and the punishment for money laundering should not exceed the severity of the punishment for upstream crimes.
关键词
洗钱罪/自洗钱/司法适用/罪数研究
Key words
money laundering crime/self money laundering/judicial application/research on the number of cnmes
维普
万方数据