On Crime Of Money Laundering

This dissertation introduces the development of the crime of money laundering briefly, and compares crime of money laundering in international convention and several main countries in Europe and America with the same crime in Penal Code of PRC. Based on the contents of international convention and Penal Code of several foreign countries related to the crime of money laundering, especially the contents of Penal Code of PRC, this dissertation discusses some important issues such as "knowingly",The crimes which booty is from,The actor of crime of money laundering,the relation of the crime of money laundering and other crimes in the same code. The author thinks that to appreciate the meaning of "knowingly"in the crime of money laundering, we must take these two factors into consideration, the two factors are the contents of "knowing"and the degree of "knowing". The contents of "knowing"are that the actor has known the booty is from specific crimes. The degree of "knowing"includes knowing without doubt and knowing in all possibility. As to the issue of the up-stream crimes of the crime of money laundering, the author thinks that besides drug crimes,crimes of organized criminal gang ,crimes of terrorist organization and crime of smuggling, other crimes such as murder ,kidnap through which the actor can make money can be upstream crimes under certain circumstance. The author thinks that the money in the crime of money laundering includes money from crimes and money from illegal act. The author thinks that the kinds of up-stream crimes should be enlarged in Penal Code of PRC. On the issue of whether the up-stream crimes should have been tried or not, the author thinks that we should distinguish two kinds of circumstances and deal with this issue respectively. The author thinks that the actor of up-stream crimes can not be included in the actor of the crime of money laundering. On the issue of whether only currency can be the mentioned money in the crime of money laundering or not, the author thinks that all kinds of property can be the mentioned money in the crime of money laundering. The author thinks that when we decide the amount of the money in the crime of money laundering, we should not take off the expensive of the crime. When legal property and illegal are mixed, the two kinds of property should all be taken into account. After rethinking the crime of money laundering in Penal Code of PRC, the author proposes the crime should have several amendments.