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隐瞒犯罪所得罪
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虚拟货币异常交易涉嫌犯罪,北京一男子因协助转移赃款获刑
Xin Jing Bao· 2025-08-26 12:45
Group 1 - A recent case in Beijing highlights the legal consequences of using virtual currencies to conceal and transfer criminal proceeds, with a defendant sentenced to three and a half years in prison for assisting in the transfer of 200,000 RMB in fraudulently obtained funds [1] - The court found that the defendant, Liu, knowingly sold USDT to an individual aware that the cash involved was criminal proceeds, which led to the conviction for the crime of concealing and disguising criminal proceeds [1] - The ruling emphasized that the total value of concealed criminal proceeds exceeding 100,000 RMB qualifies as "serious circumstances," resulting in Liu's sentence and a fine of 40,000 RMB [1] Group 2 - Judges noted that such crimes are characterized by a profit-driven mentality and a false sense of security, as criminals often underestimate the legal repercussions of their actions [2] - The judiciary warns the public to be cautious of unusual virtual currency transactions that deviate from market prices, involve rapid large transactions, or employ covert operations, as these may indicate illicit activities [2] - Individuals knowingly assisting in the conversion or transfer of criminal proceeds may face severe criminal penalties under Chinese law, specifically Article 312 of the Criminal Law [2]
什么情况?顾客买黄金,店主被判刑?
Sou Hu Cai Jing· 2025-08-26 08:41
Group 1 - The case highlights the risks associated with large transactions in the gold industry, particularly regarding money laundering and the concealment of criminal proceeds [1][6] - The jewelry store owner, despite being warned about suspicious customer behavior, continued to facilitate transactions, ultimately leading to legal consequences [2][4] - The case serves as a warning to other businesses in the gold sector to adhere to anti-money laundering regulations and to be vigilant in identifying potentially illicit transactions [4][6] Group 2 - The legal framework under which the store owner was prosecuted emphasizes the seriousness of knowingly facilitating transactions involving criminal proceeds [6] - The increasing trend of criminals using gold purchases to launder money underscores the need for stricter compliance measures within the industry [6] - The case illustrates the importance of understanding legal obligations and the potential repercussions of neglecting due diligence in financial transactions [6]
两高发布一批典型案例
Xin Hua She· 2025-08-26 02:33
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate have released typical cases to clarify the legal issues surrounding the concealment and disguise of criminal proceeds, particularly in the context of virtual currencies and large gold transactions [1][2] Group 1: Criminal Methods - Criminals are increasingly using virtual currencies and large gold transactions to conceal the origins and nature of illicit funds, leveraging blockchain technology and virtual spaces for rapid fund transfers [1] - In a specific case, defendants used a network trading platform to convert criminal proceeds into virtual currency, facilitating quick transfers to evade law enforcement [1] - The use of large gold transactions for concealing criminal proceeds has become a common method across various regions, as demonstrated in a case where a defendant knowingly assisted in such transactions [1] Group 2: Legal Proceedings and Judgments - In a case involving the purchase of stolen steel plates, the defendant was sentenced to six years in prison for knowingly acquiring goods of unknown origin at significantly below market value, resulting in illegal profits exceeding 6 million yuan [2] - The distinction between aiding information network crimes and the concealment of criminal proceeds has posed challenges in judicial proceedings, necessitating careful consideration of the defendant's knowledge and actions [2] - The release of these typical cases aims to enhance the effectiveness of handling criminal cases related to the concealment of criminal proceeds, ensuring proper application of the law [2]
明确规则,惩治掩饰、隐瞒犯罪所得犯罪
Ren Min Ri Bao· 2025-08-25 22:27
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 the shift from theft to fraud, particularly telecom fraud, presents new challenges for legal application [2]. - The interpretation clarifies that any actions that conceal or disguise criminal proceeds, such as transferring funds or converting assets, fall under the scope of the law [2]. Group 3: Standards for Criminal Liability - The interpretation emphasizes strict adherence to the requirement of "knowing the proceeds are criminal" and modifies the standards for determining this knowledge to prevent overreach in criminal prosecution [3]. - A comprehensive assessment of social harm will be used to determine criminal liability, considering factors such as the relationship to upstream crimes, subjective malice, methods used, amounts involved, and consequences [3]. Group 4: Penalty Guidelines - The interpretation introduces differentiated standards for severe cases based on the type of upstream crime, setting thresholds of 5 million and 500,000 yuan for aggravated penalties [3]. - It also includes provisions for leniency in sentencing for individuals who significantly assist in tracing upstream crimes, encouraging cooperation in recovering losses [4].
“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].
依法惩治掩饰、隐瞒犯罪所得等犯罪,两高发布典型案例
Xin Hua She· 2025-08-25 13:58
Core Insights - The Supreme People's Court and the Supreme People's Procuratorate have released typical cases to clarify the legal issues surrounding the concealment and disguise of criminal proceeds, particularly in the context of virtual currencies and large gold transactions [1][2] Group 1: Criminal Methods - Criminals are increasingly using blockchain technology and virtual currencies to obscure the origins and nature of illicit funds, facilitating rapid fund transfers and evasion of law enforcement [1] - The use of large gold transactions for concealing criminal proceeds has become a common method across various regions, as evidenced by cases where individuals knowingly participated in such transactions [1] Group 2: Legal Cases and Judgments - In the case of "An Certain et al.," defendants used a network trading platform to convert criminal proceeds into virtual currency, leading to convictions for the crime of concealing criminal proceeds, with severe penalties imposed [1] - In the case of "Chen Certain," the defendant knowingly purchased stolen steel plates at significantly undervalued prices, resulting in illegal profits exceeding 6 million yuan, and was sentenced to six years in prison [2] Group 3: Judicial Clarifications - The distinction between aiding information network criminal activities and concealing criminal proceeds has been a significant challenge in judicial proceedings, prompting the need for clear legal definitions and applications [2] - The release of these typical cases aims to enhance the efficiency and effectiveness of handling criminal cases related to the concealment of criminal proceeds, thereby reinforcing the role of criminal justice in punishing crime and protecting the public [2]
不做犯罪“工具人”!最高法发布掩隐罪典型案例
21世纪经济报道· 2025-08-25 11:29
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]. Summary by Sections Overview of Money Laundering Crimes - From 2020 to 2024, prosecutorial authorities filed 230,200 cases of concealing and disguising criminal proceeds, while courts adjudicated 220,900 first-instance cases [1]. Legal Interpretations and Case Examples - On August 25, the Supreme People's Court and the Supreme People's Procuratorate jointly issued interpretations regarding the application of laws in cases of concealing and disguising criminal proceeds, along with six selected typical cases to enhance public awareness of anti-money laundering [1]. Case 1: Virtual Currency - Three individuals were sentenced to prison and fined for using virtual currency to help transfer criminal funds, knowing they were proceeds of crime [2][3]. Case 2: Large Gold Transactions - An individual was sentenced to three years and six months in prison and fined 50,000 RMB for facilitating the transfer of criminal proceeds through large gold transactions [5]. Case 3: Recycling Industry - An individual was sentenced to six years in prison for selling road steel plates, knowing they were criminal proceeds, demonstrating the use of the recycling industry to conceal crime [9]. Case 4: Upstream Crimes - In a case involving illegal sand mining, individuals were convicted of concealing and disguising criminal proceeds despite the upstream crime not being legally adjudicated [12][13]. Case 5: Distinction of Knowledge - A court clarified the distinction between concealing and disguising criminal proceeds and aiding crimes, adjusting the conviction based on the individual's knowledge and the nature of assistance provided [16][17]. Case 6: Role in Criminal Chain - The court evaluated the defendants' roles in the criminal chain and imposed sentences based on their acknowledgment of guilt and return of illegal gains [21].
不做犯罪“工具人”!最高法发布掩隐罪典型案例
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] Group 1: Legal Proceedings and Statistics - From 2020 to 2024, the prosecution of the crime of concealing and disguising criminal proceeds reached 230,200 cases, while the courts concluded 220,900 first-instance cases [2] - On August 25, the Supreme People's Court and the Supreme People's Procuratorate jointly issued an interpretation regarding the application of laws in cases of concealing and disguising criminal proceeds, along with six selected typical cases to enhance public awareness of anti-money laundering [2] Group 2: Case Examples - Case 1: Three individuals were sentenced to prison and fined for using virtual currency to help transfer criminal funds, knowing they were proceeds of crime [3] - Case 2: An individual was sentenced to three years and six months in prison and fined for cooperating in a large gold transaction that concealed criminal proceeds [6] - Case 3: An individual was sentenced to six years in prison for selling road steel plates, knowing they were of unknown origin and likely criminal proceeds [9] - Case 4: In a case involving illegal sand mining, individuals were sentenced for transferring and transporting sand they knew was criminal proceeds, despite the upstream crime not being legally adjudicated [12] - Case 5: A court re-evaluated a case to correctly classify the crime as concealing and disguising criminal proceeds rather than aiding information network crime, leading to a different sentencing [15] - Case 6: Two defendants were sentenced to two years in prison and fined for their roles in the criminal chain, with the court considering their acknowledgment of guilt and return of illegal gains [18]
“两高”发典型案例:金店老板配合电诈人员转移赃款获刑
Zhong Guo Xin Wen Wang· 2025-08-25 08:21
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate jointly released an interpretation regarding the handling of cases related to concealing and disguising criminal proceeds, effective from August 26, 2023, aiming to strengthen legal measures against money laundering and related crimes [1][3]. Group 1: Legal Framework and Implementation - The interpretation consists of 12 articles focusing on five main areas, including tightening the criminal law framework to address evolving criminal methods [3][4]. - It emphasizes strict recognition of the "knowledge" requirement for the crime of concealing criminal proceeds, ensuring that judicial authorities adhere to evidence-based principles [4][5]. - The interpretation establishes comprehensive criteria for determining criminal liability, considering factors such as the relationship with upstream crimes, subjective malice, methods of conduct, amounts involved, and consequences [5][6]. Group 2: Penalty Standards and Case Examples - The interpretation optimizes the standards for aggravated penalties based on the severity of the crime, differentiating between various types of upstream crimes and setting specific monetary thresholds for penalties [5][6]. - It introduces circumstances for leniency in sentencing, encouraging cooperation with judicial authorities in tracing upstream crimes, which may lead to reduced penalties [5][6]. - Six typical cases of punishing the concealment of criminal proceeds were published, highlighting the connection to telecom fraud and the judicial response to increasingly sophisticated money laundering techniques [6][7].
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].