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“两高”发布司法解释—— 明确规则,惩治掩饰、隐瞒犯罪所得犯罪
Ren Min Ri Bao·2025-08-25 21:52

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, effective from August 26, 2025, aiming to clarify judicial rules and unify legal application [1]. Group 1: Legal Framework and Context - The crime of concealing and disguising criminal proceeds is the most prevalent type of money laundering crime, closely linked to telecom fraud and online gambling [1]. - From 2020 to 2024, prosecutors initiated 230,200 cases of this crime, while courts concluded 220,900 first-instance cases, effectively deterring upstream crimes such as telecom fraud and online gambling [1]. Group 2: New Challenges and Legal Adaptations - The evolving nature of crime, including more sophisticated methods and organized structures, has led to new challenges in applying the law regarding concealing and disguising criminal proceeds [2]. - The interpretation clarifies that the methods of crime include various actions that can conceal or disguise criminal proceeds, such as intermediary transactions, holding, using, and transferring funds [2]. Group 3: Subjective Elements and Judgement Standards - The interpretation emphasizes strict legal recognition of the subjective element of "knowing it is criminal proceeds," aiming to prevent the over-expansion of criminal liability [3]. - A comprehensive assessment standard is maintained for determining criminal liability, considering factors such as the relationship with upstream crimes, subjective malice, methods used, amount involved, and consequences [3]. Group 4: Penalty Standards and Mitigating Circumstances - The interpretation optimizes the standards for determining "serious circumstances" for increased penalties, setting thresholds of 5 million and 500,000 yuan based on the type of upstream crime [3]. - It introduces mitigating circumstances for those who significantly assist in tracing upstream crimes, encouraging cooperation in recovering losses for the public [4].