Centro de Documentação da PJ
Analítico de Periódico
CD 341
The background, significance and legal application of self-money laundering in China [Recurso eletrónico] / Ping He
Journal of Money Laundering Control, Vol. 27, n. 1 (2024), p. 181-190
Ficheiro de 121 KB em formato PDF.
BRANQUEAMENTO DE CAPITAIS, CÓDIGO PENAL, DIREITO PENAL FISCAL, CRIME ECONÓMICO, CHINA
Purpose – The purpose of this paper is to introduce the background and significance of criminalization of self-money laundering in China and to analyze its application in judicial practice. Design/methodology/approach – This paper introduces the international and domestic background of the criminalization of self-money laundering, demonstrates the theoretical basis and practical significance of the changes of Article 191 in the 11th amendment to the criminal law and puts forward solutions to some controversial issues in judicial practice. Findings – The 11th amendment to the Criminal Law, which came into force in March 2021, criminalizes self-money laundering under Article 191 and has brought an impact on the traditional theory of criminal law. There are no similar amendments to the other two crimes, namely, Article 312 and Article 349, which lead to some confusion in the judicial practice, especially in the understanding of the number of crimes, and the meaning of proceeds of crime. This paper puts forward solutions to some controversial issues in judicial practice. Originality/value – This paper introduces the criminalization of self-money laundering in the 11th amendment to the criminal law in China, presents a comprehensive description of and comments on the difference between the Article 191 and its similar articles, namely, Article 312 and Article 349, to make a well understanding in the application of law in judicial practice, which would be beneficial to theoretical researchers and judicial professionals.
