The crime of money laundering refers to providing a fund account, or helping to convert property into cash, financial bills and securities, or helping to transfer funds through transfer or other settlement methods, or helping to remit funds abroad in other ways, knowing that it is a drug crime, organized crime of underworld nature, terrorist activity, smuggling crime, corruption and bribery crime, crime of disrupting financial management order and financial fraud crime.
The elements of gamblers' money laundering are as follows:
1, the criminal subject is the general subject;
2. The object of this behavior is the illegal gains and interests 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;
3. The object of infringement is financial order; Social and economic management order; Relevant provisions of the state on normal financial management activities and foreign exchange management;
4. The subjective aspect of the actor is intentional.
The crime of money laundering not only directly disturbs the economic order and hinders the judicial organs from detecting crimes, but also indirectly infringes on the property ownership of the victims of "upstream crimes". At the same time, in a certain sense, it is the follow-up of upstream crimes, which seriously violates the social management order.
legal ground
Criminal law of the people's Republic of China
Article 191 Whoever commits any of the following acts of concealing or concealing the proceeds from drug crimes, organized crimes of underworld nature, terrorist activities, smuggling crimes, crimes of corruption and bribery, crimes of disrupting the order of financial management, and crimes of financial fraud, the above-mentioned criminal proceeds and illegal gains shall be confiscated and 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.
(1) Providing capital accounts;
(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.