Controversial Issues Regarding the Crime of Money Laundering
"To cover up or withhold the source or nature of what one knows is obtained from the seven kinds of upstream crimes or gains obtained through such crimes",is not the purpose of the purpose crime,but the intentional content of the crime of money laundering,therefore,the crime of money laundering is not the purpose crime.The source or nature of the upstream criminal income or gains obtained through such crimes can be determined before the completion of relevant crimes,therefore,the establishment of the crime of money laundering is not based on the completion of upstream crimes or the actual control of involved property.When the same perpetrator commits upstream crimes and the crime of money laundering at the same time,the imaginary joinder of offenses shall be established.The application of the special article is based on the premise that the act meets the conditions for establishment of the crime stipulated in the ordinary article.Since the act of self-concealing or self covering-up shall not establish the crime of covering-up or concealing the criminal income or gains obtained through such crimes,therefore,the act of money laundering of himself does not meet the conditions for establishment of the crime stipulated under Article 312 of the Criminal Law.In this case,Article 191 and Article 312 of the Criminal Law cannot be regarded as the special relation of concurrence of articles of law.Since the cross-correlation is not a type of concurrence of articles of law,if an act violates the crime of money laundering and the crime of covering-up or concealing criminal income or gains obtained through such crimes,it should be dealt with according to the imaginary joinder of offenses.
Crime of Money LaunderingCrime of Covering-Up or Concealing Criminal Income or Gains Obtained through Such CrimesConcurrence of Articles of LawImaginary Joinder of Offenses
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