1. What are the sentencing standards for money laundering?
The sentencing standards for money laundering crimes are as follows:
Article 191 of the Criminal Law covers up or conceals the proceeds of drug crimes, organized crimes of underworld nature, crimes of terrorist activities, crimes of smuggling, crimes of corruption and bribery, crimes of disrupting financial management order, and crimes of financial fraud, the above-mentioned proceeds shall be confiscated, and they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall 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 shall also be fined:
(a) to provide funds account;
(2) Converting property into cash, financial bills or securities;
(3) Transferring funds by transfer or other payment and settlement methods;
(4) Cross-border transfer of assets;
(5) concealing or disguising the source and nature of the proceeds of crime and their proceeds by other means.
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 punished in accordance with the provisions of the preceding paragraph.
Second, the composition of the crime of money laundering
1. The subject of this crime is a general subject, which can be composed of natural persons or units. The natural person subject must be 16 years old with criminal responsibility.
2. The subjective aspect of the crime of money laundering can only be intentional, and its criminal purpose is to conceal and conceal the source and nature of the proceeds of crime.
3. The object of this crime The object of money laundering crime is a complex object, that is, the state's management order of financial activities, the social management order and the normal activities of judicial organs to investigate and deal with crimes, which mainly undermines the state's financial management order.
Objectively speaking, this crime is manifested in the way of behavior. Money laundering is manifested in various ways of providing fund accounts to conceal the illegal income of drug crimes, organized crimes of underworld nature and smuggling crimes, as well as the source and nature of the income generated.
Third, 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 is an illegal act, and whether it can be sentenced depends on the seriousness of the case. The law has strict punishment standards for money laundering, and the crime of money laundering can be divided into huge sentencing standards and ordinary sentencing standards. The crime of money laundering is usually sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the circumstances are serious, it will be sentenced to fixed-term imprisonment of not less than five years 10 year.