明起施行 “两高”发布掩饰、隐瞒犯罪所得罪司法解释

Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate jointly issued an interpretation regarding the handling of criminal cases related to concealing and disguising criminal proceeds, effective from August 26, 2025, aiming to strengthen the legal framework against money laundering and related crimes [1][2]. Group 1: Legal Framework Enhancement - The interpretation consists of 12 articles, focusing on tightening the criminal law network to address evolving and hidden criminal methods [2]. - It clarifies that the methods of crime under Article 312 of the Criminal Law include any actions that can conceal or disguise criminal proceeds, guiding judicial authorities to punish various forms of such behaviors [2]. Group 2: Standards and Definitions - The interpretation emphasizes strict criteria for determining "knowledge" of criminal proceeds, aiming to prevent the over-expansion of criminal liability by ensuring that judicial authorities adhere to evidence-based principles [2][3]. - It introduces a comprehensive standard for determining criminality, allowing for prosecution even if the amount involved does not meet previous thresholds, focusing on the nature of the upstream crime and the severity of the concealment actions [3][4]. Group 3: Penalty Optimization - The interpretation optimizes the standards for aggravated penalties based on the type of upstream crime, establishing different monetary thresholds for serious crimes, such as 5 million for severe cases and 500,000 for less severe cases [4]. - It addresses inconsistencies in sentencing between upstream and downstream crimes, ensuring that penalties are proportionate and aligned with the severity of the underlying offenses [4]. Group 4: Encouragement for Cooperation - The interpretation introduces provisions for leniency in sentencing for individuals who actively cooperate with judicial authorities in tracing upstream crimes, promoting efforts to recover losses for the public [4].