11 departments jointly launched a three-year action to crack down on money laundering crimes
2022-02-09
Not long ago, 11 departments including the people's Bank of China, the Ministry of public security and the State Supervision Commission jointly issued the three-year action plan for combating and controlling money laundering crimes (2022-2024), and decided to carry out a three-year action for combating and controlling money laundering crimes nationwide from January 2022 to December 2024. According to the provisions of China's criminal law, the crime of money laundering refers to the act of laundering the proceeds and the source and nature of the proceeds from the crime of concealing and concealing drug-related crimes, organized crimes of underworld nature, terrorist activities, smuggling crimes, corruption and bribery crimes, crimes of undermining financial management order and financial fraud crimes through various means to legalize them in form. At present, the situation of cracking down on money laundering crimes is still grim. With the emergence of new technologies such as virtual assets and digital currency, a variety of crime types and money laundering methods are intertwined, and the difficulty of tracing cross-border illegal funds continues to increase. Among them, the crime of corruption is closely related to the crime of money laundering. Some corrupt elements work in China and collect money abroad, and some transfer the stolen money abroad through underground banks in an attempt to hide it. The Fifth Plenary Session of the 19th Central Commission for Discipline Inspection clearly proposed to strengthen the crackdown on corruption related money laundering. When deploying this year's anti-corruption work, the Sixth Plenary Session of the 19th Central Commission for Discipline Inspection emphasized promoting "Skynet action" and strengthening international cooperation against corruption. The issuance of the three-year action plan means that multi departments are strengthening overall coordination and cooperation to combat corruption related money laundering. The criminal law amendment (XI), passed in December 2020 and implemented in March 2021, has made significant amendments to the provisions of the crime of money laundering, criminalized the act of "self money laundering" separately, incorporated the cross-border transfer of illegal assets into the mode of money laundering, reduced the threshold for the criminalization of money laundering, and provided sufficient legal guarantee for the country to effectively prevent and punish the illegal crime of money laundering and the recovery of stolen goods abroad. Since last year, the discipline inspection and supervision organs at all levels have strictly implemented the spirit of the amendment to the criminal law (11), made good use of the relevant provisions of the crime of money laundering, investigated the criminal acts of corruption and money laundering together with the public security organs, and constantly strengthened the crackdown and punishment on the acts of corruption and money laundering. For example, the supervision commission of Tianjin Municipal Commission for discipline inspection specially printed and distributed the notice on cooperating with procuratorial organs to carry out special actions to punish money laundering crimes, requiring the supervisory organs of the whole city to actively cooperate, study and judge cases on a case by case basis, and attach great importance to the handling of money laundering crimes; The Beijing Municipal People's Procuratorate, together with the Beijing Municipal Commission for Discipline Inspection and supervision, the Beijing Higher People's court and other units, jointly signed the memorandum of cooperation on combating money laundering in Beijing, and so on. On July 30, 2021, the people's Court of Sanmen County, Zhejiang Province found that Lu, the former staff member of the comprehensive administrative law enforcement bureau of Sanmen County, Zhejiang Province, had committed the crime of taking bribes and was sentenced to fixed-term imprisonment of seven months and a fine of 100000 yuan; If he commits the crime of money laundering, he shall be sentenced to criminal detention for five months and fined 2000 yuan; He was sentenced to seven months' imprisonment and a fine of 102000 yuan. This case is a typical case where the "self money laundering" clause is applicable to corruption related money laundering. On June 9, 2021, the Sanmen County Supervisory Committee requested the Sanmen County People's Procuratorate to intervene in Lv's suspected bribery case in advance. During the examination of the early intervention link, the procurators found that LV saw that there was an act of concealing the nature of the bribe, and suggested that the supervision organ should strengthen the evidence collection of the whereabouts of the bribe when investigating the facts of the crime of bribery. On June 23, Sanmen County supervisory committee transferred the case to Sanmen County People's Procuratorate for examination and prosecution on the basis of Lu's suspicion of bribery. After the facts of the crime of money laundering were found out, the procuratorial organ directly prosecuted LV for the crime of additional money laundering after communicating with the supervisory organ and the public security organ. From the case handling data, the procuratorial organs nationwide concluded 259 criminal cases involving corruption and money laundering in 2021, 2.56 times higher than that in 2020; The number of corruption and money laundering cases concluded accounted for 2% of all corruption and bribery cases concluded in the same period, twice that in 2020. In the field of chasing and recovering stolen goods, we continued to strengthen the crackdown on corruption related money laundering crimes, accurately cracked the intertwined problem of domestic transactions and overseas cash out, and made the stolen money "impossible to hide and transfer" in China. The central fugitive recovery office continued to list 2021 as the "year of stolen goods recovery". According to the unified deployment of "Skynet 2021" operation, the people's Bank of China, together with the Ministry of public security, launched a special action to prevent and crack down on the use of offshore companies and underground banks to transfer stolen money abroad. It not only continued to crack down on money laundering through underground banks, but also paid attention to cracking down on money laundering through fictitious currencies in recent years, effectively safeguarding the interests of the state and the people. At the end of 2021, Fan Jiping, a suspect in the crime of red tape and money laundering, was extradited to China. After Qiu Tangshan, who was previously suspected of money laundering, returned to the country and surrendered, fan Jiping's successful extradition became another typical case of cracking down on corruption related money laundering last year. (outlook new era)
Edit：Yuanqi Tang Responsible editor：Xiao Yu
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