Cognizance Of Money Laundering Crime Involving Smuggling After Self-Laundering Was Criminalized

Smuggling crime and money laundering crime are naturally accompanied.In smuggling crime,the behavior and assets are mostly cross-border,while money laundering is the mechanism used by criminals to support smuggling "criminal industry".The interweaving of behaviors in cross-border transfer network makes the boundary between the two crimes tend to be blurred.As the upstream crime of money laundering crime,the attribute of the object of smuggling crime is diverse,which determines the diversified understanding of the meaning of the proceeds of smuggling crime.Its special profit-making mode and crime establishment mode also affect the determination of money laundering crime.Since self-laundering was criminalized,the identification of self-money laundering of smugglers has become a new problem.The content of conspiracy in Article 156 of the criminal law has also changed.The previous standard of priority identification of accomplices cannot be used,which inevitably leads to the intersection of the two crimes.The crime of money laundering involving smuggling presents the status of intertwined old and new problems.In view of this,we can take the proceeds of smuggling crime as the logical starting point for the determination of the crime of money laundering involving smuggling,and determine it from the perspective of function.Specifically,the identification of the proceeds of smuggling crime should conform to the regulation purpose of the crime of money laundering.Whether there is a legal ownership relationship or not,the smuggled goods themselves should not be identified as the proceeds of smuggling crime,there is no need to clean up the tax payable as negative income,the criminal object of the crime of money laundering involving smuggling should be the illegal income of removing costs.Based on the interaction between smuggling crime and money laundering crime,we should not only pay attention to the particularity of smuggling crime,but also make it conform to the common structure of money laundering crime.Specifically,we should grasp the essential characteristics of money laundering and distinguish it from the components of smuggling and its natural extension."Providing funds account" shall be characterized as money laundering assistance,and shall be evaluated as a whole with subsequent money laundering principal offenders.Establish the application of the elements of " knowing" and"to cover up and conceal" in the crime of money laundering involving smuggling,and identify it according to the principle of subjective and objective consistency.According to the above identification context,we can clarify the boundaries of the two crimes at the micro level and answer the specific identification of the crime of money laundering involving smuggling.The simple act of smuggled goods transaction should not be recognized as the crime of money laundering;In the circular smuggling where criminal proceeds have been generated,the act of using disguise and concealment to settle accounts with overseas counterparties and illegally remitting the unpaid payment for goods can be recognized as money laundering crime on the basis of meeting subjective requirements;The content of "conspiracy" in Article 156 of the criminal law includes conspiracy against the crime of money laundering.In order to avoid the intersection of this article and the application of the crime of money laundering,the behavior mode in the indictment can be limited and interpreted,and the behavior conforming to the nature of money laundering can be excluded.