"Amendment to the Criminal Law (11)" has greatly revised the content of the crime of money laundering in the Criminal Law，also caused a lot of controversy。Where，How to determine the judgment of money laundering and non -crime、The distinction between this sin and the other sin, etc.，is one of the focus of the controversy。Although Article 191 of the Criminal Law has adopted the form of "listing+pocket" define money laundering behavior，The Supreme People's Court "Explanation on Several Issues on Specific Application Laws of Criminal Cases such as Money Laundering" (Fa Shi [2009] No. 15) further refine it，But in judicial practice，Objective determination of money laundering crimes is often "benevolent see benevolence，Wise people see wisdom "。，The author believes that you should consider from three dimensions。

　　Bet365 app download

Bet365 lotto review The criminal income of 7 upstream criminal crimes stipulated in Article 191 of the Criminal Law and the transfers of the income of their income，is the basic prerequisite for the crime of money laundering。"Money laundering" refers to "cover、The source and nature of concealing funds，Make it legalized in form "。"Washing" acts as a verb for "money"，It is to let the money move in physical space to achieve cover、The purpose of concealment，Including two aspects。

On the one hand，Criminal income and its income from one place to another place。For example, cash smuggling，Cross -border transfer assets，Investment in the income from the crime and its income into the mall、Hotel、Entertainment venues and other cash -intensive venues in the operating income，Carry the income from the crime and its income、Transportation or mailing immigration，etc.。On the other hand，Criminal income and the carrier of its income have changed。For example, transfer the income of crime and its income from one bank account to another bank account，At this time, Bet365 lotto review "money" did not move in the form of the entity，But there is also a transfer in space。

Of course，The transfer of space in the occurrence does not necessarily constitute money laundering，But if the income of the crime and the income of the income is not "moved"，will inevitably not constitute money laundering。This is also the basic prerequisite for determining money laundering- "Move" does not necessarily constitute money laundering，But not "move" must not constitute money laundering。

　　Conversion of the existence morphology 

Convert Bet365 lotto review The criminal income of 7 upstream criminal crimes stipulated in Article 191 of the Criminal Law and its income of the income.，It is also an objective behavior that constitutes money laundering，Divided into three situations。

One is "formal converting into invisible"。For example，Convert cash to deposit，Buy wealth management products，Investment company，etc.。The second is "invisible converting to tangible"，The property on the book will be converted into cash、Houses and vehicles such as physical property。For example，Convert the bet365 best casino games received dry stocks to cash，Buy houses with loan fraud，etc.。Third, "Topoly Convert to Tactile"。On the one hand，The physical properties of conversion of tangible property，That is from "object" to "object"。For example，Replace the house obtained by bribery into a vehicle，Switch the smuggled metal waste into machine parts，etc.。On the other hand，It is manifested to convert the simple "stolen money and stolen goods" into a mixed form that is intertwined with legal property，From "alone" to "mixed"。For example，Through the mall、Hotel、Entertainment venue and other cash -dense places in cash -dense places mixed with business income，Transfer、Convert crime income and its income。

It should be said，Except the transfer of physical space，The conversion of the existence is also an important criterion for determining money laundering。Because of，This conversion has reached the effect of cutting off the corresponding property and upstream crimes，Can meet the illegal purpose of "cleaning" and "bleaching"。

　　Changes in the nature of the source 

bet365 live casino games The reason why the perpetrators take money for money laundering，The ultimate purpose is to cover up、The source and nature of concealment of criminal income and its income，Turn it into "legal" income，and then possession、Use。

The source of the property changes through money laundering，The main manifestation is the income of upstream crimes and the income of its income "chemical reaction"，changes at the level of legal evaluation。The first is to make the property obtained by the money -laundering behavior.，instead of coming through upstream crimes。For example，Investment in upstream criminal income，or through fictional transactions、Debt and debt、false guarantee、false report income and other methods，Convert the income of crime and its income to "legal" property。Second, the property obtained by the actor's obtained through money laundering seems to come through other illegal means，instead of coming from upstream crimes。For example，Use the income of upstream crime and the income of the income for gambling，transform Bet365 app download it into gambling income rather than upstream criminal income。

Cover the money with money laundering、Conceal the source and nature of the income of upstream crimes and its income，The essence of money laundering。So，As long as the perpetrators make 7 upstream criminal income stipulated in Article 191 of the Criminal Law and the source and nature of its income from the income，This behavior is money laundering。

　　(The author is the Deputy Procuratorate of the People's Procuratorate of the Liangjiang District of Chongqing City (Chongqing Railway Transport Procuratorate)