Journal of Southwest Petroleum University(Social Sciences Edition) ›› 2021, Vol. 23 ›› Issue (5): 93-99.DOI: 10.11885/j.issn.1674-5094.2021.04.24.02

• POLITICS AND LAW • Previous Articles     Next Articles

A Study on the Application of Money Laundering Crime in the Context of the Amendment to the Criminal Law (XI)

WU Lizhi, ZHANG Huijun   

  1. College of Humanity and Law, Shandong University of Science and Technology, Qingdao Shandong, 266000, China
  • Received:2021-04-24 Online:2021-09-01 Published:2021-09-27

Abstract: The crime of money laundering is a recognized international crime. In 1997, China's criminal law clearly stipulated the crime of money laundering, and constantly improved its conviction and sentencing through amendments. In 2020, the Criminal Law Amendment(XI) revised and improved the crime of money laundering again. In the subjective aspect of money laundering crime, although the word "knowing"has been deleted in the Criminal Law Amendment(XI), the subjective consideration of the perpetrator of money laundering crime should consider his understanding of the nature of the object of behavior and include indirect intention in the subjective elements.The Criminal Law Amendment(XI) cancels the expressions of "helping" and "assisting", which no longer limits money laundering crime to helping the upstream criminals, but includes the upstream criminals in the subject of money laundering. Such amendments will be of great significance to judicial practice and overseas chasing, and more in line with the purpose of establishing the crime of money laundering.

Key words: money laundering crime, indirect intend, subject of crime, legal benefit protection, combined punishment for several crimes, upstream criminals

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