Knowing that others are engaged in criminal activities, assisting others in converting or transferring property, or assisting in transferring property by illegal means without justifiable reasons, may be suspected of money laundering. Once the crime is discovered, the public security organs may be sentenced by the court. Money laundering refers to the act of disguising, concealing and transforming illegal income obtained from crimes or other illegal activities through various means to make it legal in form. The crime of money laundering refers to the crime in which the perpetrator violates the relevant provisions of my country's criminal law and commits the above-mentioned money laundering behavior. The form of liability for this crime is intentional (including indirect intentionality). The perpetrator knows that his behavior will cover up and conceal the source and nature of other people's criminal gains and interests, and hopes or allows this result to occur. Among them, it is particularly important that the perpetrator must know the proceeds of the predicate crime and the proceeds generated therefrom. Covering up and concealing the income from predicate crimes and the source and nature of the income generated are basic features of money laundering and are certainly intentional elements. In other words, when committing money laundering, the perpetrator is certainly aware that his behavior is to cover up and conceal the proceeds from the predicate crime as well as the source and nature of the proceeds. Therefore, "disguising and concealing its origin and nature" should not be understood as the purpose of the crime of money laundering.
Is it considered ignorance to voluntarily surrender after being deceived into money laundering?
If you are deceived into money laundering, you will be detained, surrender, and have no criminal record. Surrender may result in non-prosecution or immunity from criminal penalties. Specific needs depend on the situation. It is not a crime to help someone launder money without their knowledge. If they don't know, they may be involved in fraud. If the transferred funds are illegal, criminal liability will be pursued. The crime of money laundering is subjectively intentional, that is, the perpetrator knows that his behavior is to cover up the illegal proceeds of crime, conceals its source and nature, does it deliberately for profit, and hopes that this result will happen. The determination of knowingness in criminal intent should be based on the defendant's cognitive ability, the connection with other people's criminal proceeds and their interests, the type and amount of the criminal proceeds and their interests, the method of transformation and transfer of the criminal proceeds and their interests, the defendant's Determined by subjective and objective factors such as confession. Ignorance refers to the lack of subjective intention in the crime of money laundering, which is a type of intentional crime. As long as you can prove that you laundered money without knowing it, it does not constitute a crime and you will not be sentenced.
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Legal basis: Article 191 of the "Criminal Law of the People's Republic of China" Whoever commits any of the following acts shall have the above-mentioned criminal proceeds and illegal gains confiscated, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to or A fine of not less than 5% but not more than 20% of the amount of money laundered shall be imposed; if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 5% but not more than 20% of the amount of money laundered:
(1) Provide capital account;
(2) Assist in converting property into cash, financial instruments and securities;
(3) Through transfer or other Assisting in the transfer of funds through settlement methods;
(4) Assisting in the remittance of funds overseas;
(5) Concealing or disguising criminal proceeds and the source and nature of the proceeds in other ways.