摘要
《刑法修正案(十一)》将自洗钱行为入罪,反映了国内顶层设计和司法实践的要求,也适应了FATF评估考核和国际刑事治理的需要。应当准确理解自洗钱行为入罪的现实背景以及具体法条内容的变化。在司法适用中处理好与传统赃物犯罪的关系、与上游犯罪的关系,对于共同犯罪、罪数问题、量刑均衡等问题都需要作统筹考量。
The Amendment(Ⅺ) to the Criminal Law criminalizes Self-Money Laundering, which reflects the requirements of domestic top-level design and judicial practice, and also meets the needs of FATF assessment and international criminal governance. We should accurately understand the background of the legislation of self-laundering and the changes in the content of specific laws. In the process of judicial application, we need settle the relationship between self-laundering and traditional stolen property crimes, as well as the relationship between self-laundering and predicate crimes. At the same time, issues such as joint crime, the analysis of crime numbers, and the balance of sentencing need to be considered as a whole.
作者
何萍
殷海峰
He Ping;Yin Haifeng
出处
《青少年犯罪问题》
2022年第1期55-65,共11页
Issues on Juvenile Crimes and Delinquency
关键词
自洗钱
共同犯罪
罪数
量刑
self-money laundering
joint crime
crime numbers
sentencing
