Joke Collection Website - Blessing messages - I received a short message this morning: Shanghai Remittance Data Service Co., Ltd. remitted more than 800 reserve funds to my bank card ~ What happened? Look up all kinds of theories on the internet.
I received a short message this morning: Shanghai Remittance Data Service Co., Ltd. remitted more than 800 reserve funds to my bank card ~ What happened? Look up all kinds of theories on the internet.
1. Conceptually, the crime of money laundering refers to the act of knowingly providing a fund account, helping to convert property into cash or financial bills, helping to transfer funds through transfer settlement, helping to remit funds abroad, and concealing the nature and source of illegal gains and criminal gains in other ways.
2. Constitutive elements: there are various ways for the perpetrator to conceal the illegal proceeds of crime and the nature and source of the proceeds, but they all hinder the judicial organs from recovering the illegal proceeds and stolen goods obtained from crime, help criminals escape legal sanctions, and facilitate criminals to continue to carry out more serious criminal activities by using the material conditions created by their crimes. Therefore, this kind of crime has serious social harm and needs to be punished.
3. Objective elements: This crime is objectively manifested as money laundering in order to cover up and conceal its source and nature, knowing that it is the illegal income and income generated by drug crimes, organized crimes of underworld nature and smuggling crimes. Specifically, there are the following points
4. The boundary between this crime and the crime of harboring, transferring, purchasing and selling stolen goods
The crimes of harboring, transferring, purchasing and selling stolen goods as stipulated in Article 3 12 of this Law and the crime of money laundering as stipulated in this Article belong to the category of recidivism, that is, the perpetrator has given some help to criminals while knowing that this is their illegal income. So there is a great connection between the two. However, from the specific elements of the crime, the two also have the following differences:
1, the object of infringement is different. The former infringes on a double object, the main object of which is the financial management order, so the crime is classified as "the crime of destroying the socialist market economic order", while the latter infringes on a single object, that is, the social management order.
2. The object of behavior is different. The former refers to the illegal gains from drug crimes, organized crimes of underworld nature and smuggling crimes, while the latter refers to all the stolen goods obtained from crimes.
3. There are different behaviors. The former refers to concealing and disguising the nature and source of illegal income and its income through some intermediary agency, while the latter includes four acts: harboring, transferring, purchasing or selling stolen goods.
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