严惩洗钱“下游”、“帮凶” 两高发布司法解释

Core Viewpoint - Money laundering crimes severely threaten national security and financial safety, with the crime of concealing and disguising criminal proceeds being the most prevalent in practice [1][2]. Summary by Relevant Sections Legal Context and Statistics - From 2020 to 2024, prosecutorial authorities filed 230,200 cases of concealing and disguising criminal proceeds, while courts concluded 220,900 first-instance cases [2]. - The Supreme People's Court and the Supreme People's Procuratorate jointly issued an interpretation on handling such cases, clarifying the circumstances of this crime and emphasizing a comprehensive assessment of social harm based on various factors [2][4]. Nature of the Crime - The crime of concealing and disguising criminal proceeds has evolved from the 1979 law on handling stolen goods and is the most widely applicable money laundering offense [3]. - The rise in cases is linked to the increase in upstream crimes such as telecom fraud and online gambling, necessitating precise legal interpretations to address these issues [3][4]. Judicial Guidance - The new interpretation aims to guide judicial authorities in effectively punishing various types of concealing and disguising criminal proceeds, ensuring that offenders cannot evade justice [5]. - A comprehensive recognition standard is adopted for determining guilt, considering the relationship between upstream and downstream crimes, subjective malice, methods of conduct, amounts involved, and criminal consequences [6]. Sentencing Standards - Significant modifications have been made to the sentencing standards for serious cases of concealing and disguising criminal proceeds [7]. - The new interpretation specifies that the threshold for serious cases is now based on multiple factors, including the number of concealments and the nature of the property involved [8]. - For lower-level property crimes like theft and fraud, the sentencing threshold for related concealing and disguising crimes is set at 500,000 yuan, while for higher-level crimes, it is set at 5 million yuan [8][9].