Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate jointly released an interpretation regarding the handling of criminal cases related to concealing and disguising criminal proceeds, which aims to strengthen the legal framework against money laundering and related crimes, particularly in the context of rising telecommunications fraud and online gambling [1][3]. Summary by Sections Legal Framework - The interpretation consists of 12 articles and will take effect on August 26, 2025, providing clearer judicial guidelines for handling cases of concealing and disguising criminal proceeds [3]. - Article 312 of the Criminal Law defines the crime of concealing and disguising criminal proceeds, with penalties ranging from less than three years of imprisonment to seven years for serious cases [1]. Key Changes - The interpretation tightens the legal net by expanding the definition of "other methods" to include various actions that can conceal or disguise criminal proceeds, such as intermediary transactions, fund transfers, and cross-border asset transfers [5]. - It emphasizes the strict requirement of subjective knowledge, ensuring that individuals are only prosecuted if they knowingly handle criminal proceeds, thus preventing overreach in legal interpretations [5][6]. Adjustments in Penalties - The threshold for "serious circumstances" has been adjusted to 500,000 and 5 million yuan, depending on the type of upstream crime, to ensure proportionality in sentencing [8][10]. - The adjustment addresses discrepancies in sentencing between upstream and downstream crimes, particularly in cases involving illegal mining and related activities [12]. Encouragement for Cooperation - The interpretation includes provisions for leniency in sentencing for individuals who actively cooperate with judicial authorities in tracing upstream crimes, promoting a collaborative approach to law enforcement [12]. - Special consideration is given to minors and students involved in such crimes, allowing for potential dismissal or non-prosecution based on the specifics of the case [12]. Impact on Crime Statistics - From 2020 to 2024, prosecutors initiated 230,200 cases of concealing and disguising criminal proceeds, with courts concluding 220,900 first-instance cases, indicating a significant deterrent effect on telecommunications fraud and online gambling [14]. Case Example - A notable case involved a jewelry store owner who facilitated large purchases of gold with funds from telecommunications fraud, resulting in a sentence of three years and six months, highlighting the practical application of the new interpretation [15][21].
“两高”发布司法解释进一步严密我国反洗钱刑事法网 来看典型案例→
Yang Shi Wang·2025-08-25 04:18