According to the law, the sentencing basis of money laundering crime is Article 19 1 of the Criminal Law, which 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 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.
Second, the constitutive elements of the crime of money laundering
1, actor
The subject of this crime is the general subject, including natural persons who have reached the age of 16 and have criminal responsibility. Units can also constitute this crime.
2. Behavior
The behavior of this crime is as follows:
(1) Providing a fund account: it refers to opening a bank fund account for criminals or providing an existing bank fund account for criminals to use;
(2) Assisting in converting property into cash or financial instruments: this includes converting physical objects into cash or financial instruments, converting cash into financial instruments or converting financial instruments into cash, converting the cash (such as RMB) into other cash (such as USD), and converting the financial instruments (such as those issued by foreign financial institutions) into other financial instruments (such as those issued by China financial institutions);
(three) to assist the transfer of funds through transfer or other settlement methods;
(four) to assist the remittance of funds abroad;
(5) Concealing and concealing the illegal proceeds of crime and the source and nature of their income by other means: it refers to the act of concealing and concealing the illegal proceeds of crime and the nature and source of their income by other means, such as investing the proceeds of crime in a certain industry and buying real estate with the proceeds of crime.
3. Behavior object
The object of this crime is the illegal gains and benefits of 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.
4. Results
This crime violates a complex object, that is, it not only violates the financial order, but also violates the social and economic management order, and also violates the normal financial management activities of the country and the relevant provisions on foreign exchange management.
For money laundering, it is necessary to judge strictly according to the procedures and requirements stipulated in the above laws, especially the matters identified in different cases are different. If the identification of the relevant situation is not clear, you can consult a lawyer to define the law to avoid mistakes in the application of the law.