What are the constitutive elements of the crime of money laundering?
The constitutive elements of the crime of money laundering are as follows:
1 infringes on complex objects, including financial order, social and economic management order, normal financial management activities of the country and relevant regulations on foreign exchange management.
2. Objectively, it is the illegal income and income of drug crimes, organized crimes of underworld nature, terrorist activities, smuggling crimes, corruption and bribery crimes, crimes of disrupting financial management order and financial fraud crimes;
3. The subject is a general subject, and the unit can also constitute this crime;
4. Subjective aspect is direct intention.
Legal basis: Article 191 of the Criminal Law of People's Republic of China (PRC).
The crime of money laundering covers up and conceals the income from drug crimes, organized crimes of underworld nature, terrorist activities, smuggling crimes, corruption and bribery crimes, crimes of disrupting financial management order, financial fraud and other crimes, as well as the source and nature of the income. Whoever commits one of the following acts shall be confiscated of the above-mentioned criminal proceeds and 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 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.