1. Confiscation of the above-mentioned criminal proceeds and gains, imprisonment of not more than five years or criminal detention, and a fine of not less than 5% but not more than 20% of the money laundering amount;
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than five percent but not more than twenty percent of the money laundering amount. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.
What are the characteristics of money laundering crime?
1. The crime of money laundering not only violates the financial order, but also violates the social and economic management order, and also violates the normal financial management activities of the state and the relevant provisions on foreign exchange management.
2. Providing fund accounts: refers to opening a bank fund account for criminals, or providing an existing bank fund account for criminals to use.
3. Assist in converting property into cash or financial instruments: This includes not only converting physical objects into cash or financial instruments, but also converting cash into financial instruments or converting financial instruments into cash.
4. Assist fund transfer through transfer or other settlement methods.
5. Concealing and concealing the illegal proceeds of crime and the source and nature of their income by other means: it refers to all other methods of concealing and concealing the illegal proceeds of crime and the nature and source of their income, such as investing the proceeds of crime in a certain industry, buying real estate with the proceeds of crime, etc.
6. Subjectively, this crime is intentional, that is, the perpetrator knows that his behavior is to cover up the illegal income of the crime, conceal its source and nature, and deliberately do it for the benefit, and hopes that this result will happen.
Money laundering usually aims at hiding the source of assets. A typical transaction is divided into three processes:
1, getting started, that is, putting illegal money into financial institutions by deposit, wire transfer or other means;
2, separate accounts, that is, through multi-level and complicated transfer transactions, the money obtained from criminal activities is separated from its source;
3. Integration, using legal transfer transactions as a cover to cover up illegal funds. Through these processes, criminals can transfer and integrate illegal gains into funds with legal sources.
Legal basis:
The first paragraph of Article 191 of the Criminal Law of People's Republic of China (PRC) covers up and conceals the income, sources and nature of drug crimes, organized crimes of underworld nature, terrorist crimes, smuggling crimes, corruption and bribery crimes, crimes of disrupting financial management order and financial fraud crimes. Whoever commits one of the following acts shall be confiscated of the above-mentioned criminal gains and illegal gains, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined: (1) providing a capital account; (2) Converting property into cash, financial bills or securities; (3) Transferring funds by transfer or other payment and settlement methods;