壹快评︱破除“唯数额论”，洗钱罪判定要体现宽严相济原则

Core Viewpoint - The recent judicial interpretation by the Supreme People's Court and the Supreme People's Procuratorate aims to strengthen the legal framework against money laundering crimes in China, emphasizing the need for a comprehensive and nuanced approach to enforcement [1][4]. Group 1: Legal Framework and Enforcement - The new interpretation is part of a broader effort to enhance the punishment of money laundering crimes, establishing a regulatory system that aligns with China's criminal legislation and judicial practices [1]. - From 2020 to 2024, Chinese prosecutorial authorities filed 230,200 cases related to the concealment and disguise of criminal proceeds, with courts adjudicating 220,900 first-instance cases, indicating a robust advancement in anti-money laundering efforts [1]. Group 2: Criteria for Judging Criminal Behavior - The interpretation outlines that the assessment of social harm should consider various factors such as upstream and downstream relationships, subjective malice, methods of conduct, amounts involved, and consequences of the crime [2]. - It allows for the prosecution of smaller amounts of money that are closely linked to upstream crimes, while larger amounts with loose connections may not be prosecuted [2]. Group 3: Judicial Discretion and Fairness - The interpretation emphasizes the need to differentiate between various roles in the crime chain, particularly for individuals at the lower end, such as "cardholders," who may have limited control over the funds and should not be automatically prosecuted based solely on the amount involved [3]. - The principle of "knowing or should have known" is crucial in determining guilt, requiring careful examination of evidence and the individual's background to avoid wrongful convictions [4]. - The interpretation promotes a balanced approach in judicial policy, advocating for both strict punishment and educational measures to enhance social governance [4].