The "Criminal Law Amendment (Eleven)" significantly revised the content of the crime of bet365 sign up offer in the "Criminal Law"，Also caused a lot of controversy。Among them，How to determine whether bet365 sign up offer is a crime or not、The distinction between this sin and that sin, etc.，is one of the focuses of controversy。Although Article 191 of the "Criminal Law" has adopted the form of "enumeration + full disclosure" to define bet365 sign up offer，Article 2 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases such as bet365 sign up offer" (Fa Interpretation [2009] No. 15) further refines its exhaustive provisions，But in judicial practice，The identification of objective aspects of bet365 sign up offer crimes is often a matter of opinion，A wise man sees wisdom”。To this，The author believes that it should be considered from three dimensions。

　　bet365 sign up offer physical space

Physical space transfer of criminal bet365 sign up offer and the bet365 sign up offer generated from the seven types of predicate crimes stipulated in Article 191 of the Criminal Law，is the basic premise for the crime of money laundering。“Money laundering” means “covering up、Concealing the source and nature of funds，Make it formally legal”。“wash” as a verb acts on “money”，Let money move in physical space to achieve concealment、Concealed purpose，Including two aspects。

On the one hand，Transfer of criminal proceeds and proceeds from one place to another。Such as cash smuggling，Cross-border transfer of assets，Invest bet365 sign up offer crime and its proceeds into shopping malls、Restaurant、Among the operating income of cash-intensive places such as entertainment venues，Carrying bet365 sign up offer crime and its proceeds、Transport or mail entry and exit，Wait。On the other hand，bet365 sign up offer crime and the vehicle through which they are generated have changed。For example, transferring bet365 sign up offer crime and the proceeds from one bank account to another，At this time, the "money" does not move in the form of entity，But a spatial shift also occurred。

Of course，Spatial transfer does not necessarily constitute the crime of money laundering，But if bet365 sign up offer crime and the income generated are not "moved"，It certainly does not constitute the crime of money laundering。This is also the basic premise for identifying money laundering behavior - "moving" does not necessarily constitute money laundering，But not "moving" does not constitute money laundering。

　　bet365 sign up offer existence form

Converting the existence form of the criminal bet365 sign up offer and the bet365 sign up offer generated from the seven types of predicate crimes stipulated in Article 191 of the Criminal Law，It is also an objective act that constitutes the crime of money laundering，Divided into three situations。

The first is "conversion of tangible into intangible"。For example，Convert cash to deposit，Purchase financial products，Invest in the company，Wait。The second is "converting the intangible into the tangible"，Convert the property on the books into cash、Physical property such as houses and vehicles。For example，Convert the received shares into cash，Purchase a house with bet365 sign up offer from loan fraud，Wait。The third is "conversion from tangible to tangible"。On the one hand，The physical property manifested as the conversion of tangible property，That is, from "thing" to "thing"。For example，Replace the house obtained from bribery with a vehicle，Replace smuggled metal scraps into machine parts，Wait。On the other hand，Performed by converting simple "stolen money and stolen goods" into a mixed form intertwined with legal property，That is, from "single" to "mixed"。For example，Via and shopping mall、Restaurant、A mixed approach to operating income from cash-intensive venues such as entertainment venues，Transfer、Conversion of criminal bet365 sign up offer and bet365 sign up offer。

It should be said，In addition to the transfer of physical space，The transformation of existence form is also an important criterion for identifying bet365 sign up offer behavior。Because，This conversion has the effect of severing the connection between the corresponding property and the predicate crime，Can meet the illegal purpose of "cleaning" and "bleaching"。

　　Change in the nature bet365 sign up offer source

The reason why the perpetrator went to great lengths to launder money，The ultimate goal is to cover up、Concealing bet365 sign up offer crime and the source and nature of the proceeds，Convert it into "legitimate" income，And then take possession、Use。

Change the nature of the source of property through money laundering，Mainly manifested as a "chemical reaction" between bet365 sign up offer upstream crimes and the proceeds，That is, changes in legal evaluation。First, through money laundering, the property obtained by the perpetrator appears to have been obtained through legal means，Not through predicate crime。For example，Invest the proceeds from predicate crimes，Or through fictitious transactions、False claims and debts、False guarantee、False reporting of income, etc.，Convert criminal proceeds and proceeds into "legal" property。Second, through money laundering, the property obtained by the perpetrator appears to have been obtained through other illegal means，Instead of predicate crime。For example，Using proceeds from predicate crimes and their proceeds for gambling，Convert it to gambling income instead of predicate crime proceeds。

Disguise through money laundering、Concealing the bet365 sign up offer crimes and the source and nature of the proceeds，Is the essence of money laundering crime。Therefore，As long as the perpetrator changes the source and nature of the proceeds from the seven types of predicate crimes stipulated in Article 191 of the Criminal Law，This behavior is money laundering。

　　(The author is the deputy prosecutor general bet365 sign up offer People’s Procuratorate of Liangjiang District of Chongqing (Chongqing Railway Transport Procuratorate))