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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].
严惩洗钱“下游”、“帮凶” 两高发布司法解释
2 1 Shi Ji Jing Ji Bao Dao· 2025-08-25 06:54
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].
明起施行 “两高”发布掩饰、隐瞒犯罪所得罪司法解释
Yang Shi Xin Wen· 2025-08-25 02:42
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].
“两高”发布掩饰、隐瞒犯罪所得罪司法解释 明起施行
Yang Shi Xin Wen· 2025-08-25 02:41
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]. Group 1: Legal Framework - The interpretation consists of 12 articles, focusing on tightening the criminal legal network to address evolving and hidden criminal methods, ensuring that all actions that conceal or disguise criminal proceeds are punishable [2]. - It 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]. Group 2: Crime Definition and Standards - The interpretation establishes a comprehensive recognition standard for crimes, moving away from a strict monetary threshold previously set between 3,000 to 10,000 yuan, allowing for prosecution even if the amount is below this range under certain severe circumstances [3]. - It optimizes the standards for aggravated punishment, differentiating between various types of upstream crimes, with thresholds set at 5 million yuan for serious crimes and 500,000 yuan for less severe crimes [4]. Group 3: Sentencing and Cooperation - The interpretation addresses sentencing inconsistencies between upstream and downstream crimes, raising the threshold for serious cases of concealing criminal proceeds to 500,000 yuan for high-severity upstream crimes [4]. - It introduces leniency for individuals who actively cooperate with judicial authorities in tracing upstream crimes, encouraging collaboration to recover losses for the public [5].