I. What are the characteristics of money laundering crimes (1) The victim lacks identifiability. Money laundering crimes are different from general street crimes in that the consequences of the crime or the harmfulness of the crime can be intuitively perceived. Money laundering crimes have no identifiable victims, and the behavior itself is not mandatory and reprehensible, so it is difficult to attract people's attention. Generally speaking, it is difficult for the police to directly detect the occurrence of crimes and can only rely on indirect reporting information or other data analysis. Even so, the ratio of the number of crimes detected to the actual number of crimes is low. For example, although the United States has a relatively complete cash transaction reporting system and suspicious transaction reporting system, it still relies on "eyes" and informants to detect crimes. (2) Complexity. There are many means of money laundering, and almost all services provided by banks may be used by money launderers. In addition, money laundering schemes can allow black money to be laundered through a large number of domestic and foreign business companies and financial institutions before reaching its final destination. Money laundering schemes are so complex that sometimes even the professionals involved in them, such as bankers, lawyers and accountants, are not aware of them. (d) International. Because different countries have different controls and sanctions on money laundering. Some are very strict, such as the United States, which has a strict anti-money laundering reporting system in finance, and the criminal penalties for money laundering crimes are very severe, with up to 20 years in prison; while some countries do not define money laundering activities at all. Because of crime and, worse, strict bank secrecy that facilitates money laundering, these countries are considered havens for money laundering. ** Groups can transfer black money to these poorly regulated or unregulated money laundering havens to achieve the purpose of money laundering. In addition, in order to avoid the pursuit and confiscation of judicial officers, money launderers generally take advantage of the limitations of the sovereign jurisdiction of various countries to transfer black money between several countries, thereby creating obstacles for the filing and investigation of cases. Today, cross-border anti-money laundering cooperation is very difficult due to differences in national legal provisions and other reasons. In addition, the international nature of money laundering activities not only means that money laundering crimes involve a wide range of geographical areas, but also includes the internationalization of criminal techniques. Advanced criminal methods will spread rapidly around the world. Therefore, establishing an international anti-money laundering collaboration mechanism is an essential component of anti-money laundering countermeasures. (5) High capital density. Most of the criminal proceeds obtained by criminal groups are cash, especially drug transactions, which are almost 100% cash transactions, because cash is easy to disguise and difficult to leave traces of transactions. In countries with more developed financial markets and credit systems, the use of cash is less intensive.
2. Judgment of "knowingly" in the crime of money laundering (1) Judgment of "knowingly" in criminal intent should be based on the defendant's cognitive ability and contact with other people's criminal proceeds and interests (1) Crime The judgment of "knowingly" in intentionality should be determined based on the defendant's cognitive ability, contact with other people's criminal proceeds and their proceeds, the type and amount of the criminal proceeds and their proceeds, and the method of transformation and transfer of the criminal proceeds and their proceeds. and a comprehensive judgment based on subjective and objective factors such as the defendant’s confession. (2) Under any of the following circumstances, the defendant may be deemed to have known that they were proceeds of crime and the proceeds therefrom, except where there is evidence to prove that he did not know: 1. Knowing that others are engaging in illegal and criminal activities, and assisting in the conversion or transfer of property ; 2. Assisting in the conversion or transfer of property through illegal means without justifiable reasons; 3. Acquiring property at a price significantly lower than the market without justifiable reasons. 4. Assisting in the conversion or transfer of property without justifiable reasons and charging "handling fees" that are significantly higher than the market; 5. Assisting others to deposit large amounts of cash into multiple bank accounts or making frequent transfers between different bank accounts without justifiable reasons 6. Assisting close relatives or other closely related people to convert or transfer property that is obviously inconsistent with their occupation and property status; 7. Other circumstances that can be determined as knowingly known by the perpetrator. The above knowledge is the editor's answer to the question "What are the characteristics of money laundering crimes?" The characteristics of money laundering crimes include the lack of identifiable victims, the complexity of money laundering behavior, the professionalism, internationality, and capital intensity of money laundering behavior. Readers who need legal help are welcome to seek legal consultation.