Reflection on the Expansion of Money Laundering Behavior
With the emphasis on and implementation of China's criminal legislation to combat money laundering,the effect of judicial crackdown urgently needs to be adapted to practical demands.The exist-ence of the promise to help money laundering in advance is evaluated as the upstream joint crime or money laundering crime.In judicial practice,the application of"collusion in advance"tends to be identified as the upstream accomplice in the judgment of time,form and content.The main reason is that the boundary be-tween the crime of money laundering and upstream help is blurred and the legal basis for the punishment of common crime is not clear.In order to prevent the expansion of the penalty power in the judicial applica-tion,the establishment requirements of the joint criminal should be strictly grasped.On the one hand,the applicable context of"knowing"is strictly restricted subjectively;on the other hand,the penalty scope of objective behavior and the independence of the legal protection of money laundering crimes are emphasized to promote the reasonable application of anti-money laundering charges.
crime of money launderinghelp in money launderingcollusion in advancejoint crimes