Consensus and Divergence:Understanding of Subjective Elements after the Deletion of"Knowing"in the Crime of Money Laundering
After the deletion of"knowing"in the Criminal Law Amendment(11),a certain consensus has been formed on the understanding of the subjective elements of the crime of money laundering:the determination of the crime of money laundering still requires subjective elements,and the subjective elements are still intentional,but the standard of proof of subjective intention is lowered.However,there are divergent understandings surrounding the issues of whether the subjective element of money laundering still requires"knowing,"whether the content of knowing refers to the"object of the act"or the"nature of the act,"and whether the degree of knowing is"certain knowledge"or"possible knowledge."These divergences are primarily concentrated on self-money laundering and laundering for others.Therefore,it is necessary to adopt typed identification standards to resolve the divergent understandings of the subjective elements of money laundering,and ultimately clarify that both self-money laundering and laundering for others require"knowing."The content of knowing for self-money laundering refers to the"object of the act,"while for laundering for others,it refers to the"nature of the act."The degree of knowing for self-money laundering is"certain knowledge,"while for laundering for others,it is"possible knowledge."The aim is to achieve a precise understanding of money laundering,reduce the difficulty of judicial application,and effectively enhance the effectiveness of punishing crimes.
Crime of Money LaunderingSubjective ElementsKnowingContent of KnowledgeDegree of Knowledge
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