Knowing that it is the income from drug crimes, organized crimes of underworld nature, terrorist crimes, smuggling crimes, corruption and bribery crimes, crimes of disrupting financial management order, and financial fraud crimes, and the income generated from it, in order to cover up and conceal its source and nature, constitutes the crime of money laundering.
The crime of money laundering belongs to behavioral crime, and the perpetrator commits money laundering, which constitutes a crime of money laundering and can be investigated for criminal responsibility.
Article 191 of the Criminal Law of People's Republic of China (PRC) covers up and conceals the income from drug crimes, organized crimes of underworld nature, crimes of terrorist activities, crimes of smuggling, crimes of corruption and bribery, crimes of disrupting financial management order and crimes of financial fraud, as well as the source and nature of the income. Whoever commits one of the following acts shall be confiscated of the above-mentioned criminal gains and illegal gains, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined:
(1) Providing capital accounts;
(2) Converting property into cash, financial bills or securities;
(3) Transferring funds by transfer or other payment and settlement methods;
(4) Cross-border transfer of assets;
(5) concealing or disguising the source and nature of the proceeds of crime and their proceeds by other means.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 294 Whoever organizes, leads, participates in or leads an organization of a triad nature shall be sentenced to fixed-term imprisonment of not less than seven years and shall also have his property confiscated; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and may also be fined or confiscated; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights, and may also be fined.
Crime of entering the country to develop underworld organizations. Personnel from overseas underworld organizations who develop members in People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Crime of harboring and conniving at underworld organizations. State functionaries who harbor or connive at criminal activities of underworld organizations shall be sentenced to fixed-term imprisonment of not more than five years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever commits the crimes mentioned in the preceding three paragraphs and commits other crimes shall be punished in accordance with the provisions of combined punishment for several crimes.
Underworld organizations should have the following characteristics:
(a) the formation of a relatively stable criminal organization with a large number, clear organizers and leaders, and basically fixed backbone members;
(2) Obtaining economic benefits through illegal and criminal activities or other means in an organized manner, and having certain economic strength to support the activities of the organization;
(3) organizing illegal and criminal activities for many times by violence, threats or other means, doing evil, bullying the weak and hurting the masses;
(four) through the implementation of illegal and criminal activities, or using the cover or connivance of state functionaries to dominate one party, in a certain area or industry, the formation of illegal control or significant influence, seriously undermining the order of economic and social life.