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Law

Strengthen cooperation and cooperation in anti money laundering in handling corruption and bribery cases

2023-09-21   

The procuratorial and public security organs have put forward clear requirements for strengthening cooperation and cooperation in anti money laundering in handling corruption and bribery crimes, in order to further increase the intensity of case handling, comprehensively promote the crackdown on money laundering crimes, and better safeguard national security, social security, and the vital interests of the people. The Opinion emphasizes the need to strengthen the construction of cooperation and cooperation mechanisms, establish a multi departmental participation, clear responsibilities, strong cooperation, and efficient operation cooperation mechanism to combat money laundering in the field of corruption and bribery crimes, form a working force, and clarify the overall requirements, division of responsibilities, work mechanism, organizational leadership, and other issues for handling relevant cases. The Opinion requires supervisory, procuratorial, and public security organs at all levels to consciously place the anti money laundering work in corruption and bribery crimes in the overall maintenance of national security, and ensure the new development pattern with a new security pattern. We need to effectively investigate upstream corruption and bribery crimes, attach importance to the handling of money laundering crimes, implement the "one case double investigation" mechanism for corruption and bribery crimes and money laundering crimes, and simultaneously review the whereabouts and transfer process of the proceeds and profits of corruption and bribery crimes. The Opinion further clarifies the responsibilities of the three organs. In investigating cases of corruption and bribery, supervisory authorities, in conjunction with the work of recovering stolen goods and damages, identify the ownership, source, destination, profits, and relationship with the facts of the illegal crime of the property involved. If it is found that the involved personnel are suspected of committing the crime of "self money laundering", relevant evidence of the fixed "self money laundering" crime should be collected in a timely manner, and the clues and relevant evidence materials of the "self money laundering" crime should be transferred to the public security organs for processing; When the criminal facts of "self money laundering" have been identified and it is indeed necessary, the criminal facts of "self money laundering" can also be included in the corresponding official crime facts in the prosecution opinion and transferred to the procuratorial organ for review and prosecution; If it is found that the person involved is suspected of "other money laundering", the clues of money laundering crime should be promptly transferred to the competent public security organs. The public security organs shall crack down on various types of money laundering and underground banking crimes in accordance with the law, destroy source based criminal organizations and professional criminal gangs, block illegal fund circulation channels, and effectively pursue criminal gains and their profits. If suspicious clues are found, the source and whereabouts of relevant funds should be traced, fixed evidence should be collected in a timely manner, facts related to money laundering crimes should be identified, and transferred to the procuratorial organs for review and prosecution. If public officials are found to have violated discipline, violated laws, or suspected of committing crimes related to their duties in the case, they shall be promptly transferred to the supervisory authority. If judicial personnel use their power to extort confessions through torture, bend the law for personal gain, or commit crimes that infringe on citizens' rights or harm judicial fairness, they may also be reported to the supervisory authority. The procuratorial organs shall effectively fulfill their legal supervision responsibilities and strengthen supervision over the filing, investigation, and trial activities of money laundering criminal cases. In advance intervention, examination and prosecution of corruption and bribery cases, it is necessary to simultaneously examine whether there are clues to money laundering crimes. If clues to money laundering crimes are found after examination, it is recommended that the supervisory authority

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