Deep attention | Let the stolen money not be hidden in the country

  Wang Zhuo, website of the Central Commission for Discipline Inspection and State Supervision Commission

  Not long ago, 11 departments including the People's Bank of China, the Ministry of Public Security, and the National Supervisory Commission jointly issued the "Three-Year Action Plan for Combating and Controlling Money Laundering Crimes (2022-2024)", which was decided to be implemented nationwide from January 2022 to December 2024. A three-year campaign to crack down on money laundering crimes and crimes was launched.

  According to my country's Criminal Law, the crime of money laundering refers to the proceeds of disguising or concealing drug crimes, organized crimes of underworld nature, terrorist activities, smuggling, corruption and bribery, disrupting financial management order, and financial fraud and the source of the proceeds. and nature, the act of cleansing through various means to legitimize it in form.

  At present, the situation of cracking down on money laundering crimes is still grim.

With the emergence of new technologies such as virtual assets and digital currency, various types of crimes and money laundering methods are intertwined, and the difficulty of tracing cross-border illegal funds continues to increase.

Among them, the crime of corruption is closely related to the crime of money laundering. Some corrupt elements do business in China and collect money abroad, and some transfer the illicit money overseas through underground banks in an attempt to hide the truth.

  The Fifth Plenary Session of the 19th Central Commission for Discipline Inspection clearly proposed to intensify the crackdown on corruption-related money laundering. When deploying this year's anti-corruption work, the Sixth Plenary Session of the 19th Central Commission for Discipline Inspection emphasized the promotion of "Skynet Action" to strengthen international anti-corruption cooperation. .

The issuance of the three-year action plan means that multiple departments are strengthening overall coordination and fighting corruption-related money laundering.

  The Criminal Law Amendment (Eleven), passed in December 2020 and implemented in March 2021, has made major changes to the provisions of the crime of money laundering, criminalizing "self-money laundering" separately, and including cross-border transfer of illicit assets into the crime of money laundering. In this way, the threshold for the crime of money laundering is lowered, and sufficient legal protection is provided for the country to effectively prevent and punish money laundering crimes, as well as to pursue overseas fugitives and recover stolen goods.

  Since last year, the discipline inspection and supervision organs at all levels have strictly implemented the spirit of the "Criminal Law Amendment (Eleven)", and made good use of the relevant provisions of the crime of money laundering. The crackdown and punishment on corruption-related money laundering.

  For example, the Tianjin Municipal Commission for Discipline Inspection and Supervision specially issued the "Notice on Cooperating with Procuratorial Organs to Launch Special Actions for Punishing Money Laundering Crimes", requiring the city's supervisory organs to actively cooperate, study and judge case by case, and attach great importance to the handling of money laundering crimes; The Supervisory Committee, the Beijing Higher People's Court and other units jointly signed the "Memorandum of Understanding on Combating Money Laundering Crimes in Beijing", etc.

  On July 30, 2021, the People's Court of Sanmen County, Zhejiang Province found that Lv Moujian, a former staff member of the Comprehensive Administrative Law Enforcement Bureau of Sanmen County, Zhejiang Province, was guilty of accepting bribes and sentenced to seven months in prison and a fine of RMB 100,000; For the crime of money laundering, he was sentenced to five months of imprisonment and a fine of 2,000 yuan; for several crimes, he was sentenced to seven months in prison and a fine of 102,000 yuan.

  This case is a typical case where the “self-laundering” clause applies to corrupt money laundering.

On June 9, 2021, the Sanmen County Supervisory Committee requested the Sanmen County People's Procuratorate to intervene in advance of Lu Moujian's suspected bribery case.

Prosecutors found in the early intervention link that there was an act of concealing the nature of the bribes, and suggested that the supervisory authority should strengthen the evidence collection of the whereabouts of the bribes when investigating the facts of the bribery crime.

  On June 23, the Sanmen County Supervisory Committee transferred the case to the Sanmen County People's Procuratorate for review and prosecution on the basis that Lu Moujian was suspected of taking bribes.

After the facts of the money laundering crime were found out, the procuratorial organ directly prosecuted Lu Moujian for the additional money laundering crime after communicating with the supervisory organ and the public security organ.

  Judging from the case-handling data, in 2021, procuratorial organs across the country will conclude 259 cases involving corruption and money laundering, which is 2.56 times that of 2020; 2 times.

  In the field of escaping fugitives and recovering stolen goods, we continued to increase the crackdown on corruption-related money laundering crimes, and accurately solved the intertwined problems of domestic transactions and overseas cash outs, so that the stolen funds could not be hidden or transferred in China.

  The Central Office of Pursuing Fugitives will continue to list 2021 as the "Year of Investigating Assets".

According to the unified deployment of the "Skynet 2021" operation, the People's Bank of China, together with the Ministry of Public Security, launched a special campaign to prevent and crack down on the use of offshore companies and underground banks to transfer illicit money overseas. Money laundering through virtual currency and other methods has effectively safeguarded the interests of the country and the people.

At the end of 2021, Fan Jiping, a "red notice officer" and a suspect who fled corruption-related money laundering, will be extradited to China.

After Qiu Tangshan, who was suspected of money laundering, returned to China and surrendered, Fan Jiping's successful extradition became another typical case against corruption-related money laundering last year.

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