Crime Of Money Laundering Upper Crime Research

This article describes the deficiencies in the scope of predicate offences to money laundering crime in P.R.C. Penal Code b contrasting with international convention and other documents. In order to perform international obligations, suppress money laundering activities and control predicate offences. This article focuses on innovating legislation mode of the predicate offences, widening the scope of predicate offences and improving other aspects.This article consists of five chapters:Chapter one introduces the legislation of money laundering crime in our country. The P.R.C. Penal Code has criminalized different forms of manipulating criminal proceeds in three separate articles: article 191 laundering crime, article 312 disguising or concealing illegally acquired income or proceeds, and article 349 harboring, transferring or concealing proceeds of drug offences. Section one gives a description of the three money laundering crimes. And section two focuses on the legislation mode of predicate offences, as well as the deficiencies existed.Chapter two investigates the scope of predicate offences to money laundering crime in international perspective. The comparative analyze in section one and two is mainly based on the international conventions and other professional organizations' legal documents, including United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, United Nations Convention Against Transnational Organized Crime, United Nations Convention Against Corruption, Model Legislation On Laundering Confiscation And International Cooperation In Relation To The Proceeds Of Crime, and The 40 Recommendations And 9 Special Recommendations by Financial Action Task Force on Anti-Money Laundering. Section three points out the differences of predicate offences between P.R.C. Penal Code and the international legal documents, and provides the viewpoint that the legislation mode of special designation we applied makes the distance.Chapter three introduces legislation modes of predicate offences provided by conventions and professional organization documents. Additionally, other country's legislations are also taken as reference to find some suitable legislation mode for our country, by which we could widen the scope of predicate offences, fully perform international obligations and control predicate offences by suppressing money laundering crime.Chapter four is mainly about the application of the legislation mode. With the special serious crime method I discuss the implementing of predicate offences of money laundering crime, and adjust the scope of predicate offences on the basis of our international obligations, by listing some special offences.Chapter five discusses several special situations that might limit the scope of predicate offences, such as the principle of double criminality, specificity of crime subject or behavior.