Journal of Northeastern University(Social Science) ›› 2022, Vol. 24 ›› Issue (6): 76-84.DOI: 10.15936/j.cnki.1008-3758.2022.06.010

• Law • Previous Articles     Next Articles

Sentencing for the Crime of Money Laundering

LIU Luming   

  1. (School of Law, Tsinghua University, Beijing 100084, China)
  • Received:2021-09-24 Revised:2021-09-24 Accepted:2021-09-24 Published:2022-11-26
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Abstract: The current situation of sentencing for the crime of money laundering has some deficiencies, such as the uncertain thresholds for conviction, the discordant sentencing for the crime of money laundering and other crimes of illegally acquired goods in Criminal Law, and the imbalance in sentencing for the crime of money laundering and the predicate crimes in the same case. In order to guarantee the justice in sentencing for the crime of money laundering, on one hand, the external coordination of sentencing for the crime of money laundering and other crimes of illegally acquired goods should be ensured. The crime of money laundering is the felony in crimes of illegally acquired goods. Therefore, the sentencing for the crime of money laundering shall not be lighter than other crimes of illegally acquired goods. On the other hand, the internal coordination of sentencing for the crime of money laundering in the same case should be maintained. The sentencing for the crime of money laundering, as the downstream crime, should not be heavier than the predicate crimes in the same case, but there is a positive correlation between the sentencing severity of predicate crimes and the sentencing of the crime of money laundering. Besides, the sentencing for self-money-laundering should be lighter than the third-party-money-laundering.

Key words: the crime of money laundering; sentencing; crimes of illegally acquired goods; the predicate crimes in the same case; self-money-laundering

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