BlockBeats News, January 8th. Co-organized by the China Criminal Law Research Association, guided by the Shanghai High People’s Court, the Shanghai Second Intermediate People’s Court, and the Renmin University of China Law School, a criminal trial seminar was held focusing on the theme of “Legal Unity in Cases of Virtual Currency-Related Crimes.” The key points of the seminar are summarized as follows:
The determination of “subjective knowledge” in money laundering crimes involving virtual currency should comprehensively consider the subjective knowledge in money laundering crimes involving virtual currency to prevent arbitrary attribution of liability.
In identifying the behavior types and criteria for the completion of money laundering crimes involving virtual currency, first, it is essential to accurately grasp the criminal nature of “concealing and disguising the proceeds of crime and their sources and nature”; second, the behavior of concealing and disguising the proceeds of crime as stipulated in the elements of money laundering constitutes a completed crime; third, strict legal measures should be taken to combat money laundering crimes and resolutely safeguard national financial security.
In determining the crime of illegal operation involving virtual currency, if the behavior does not exhibit characteristics of operational activities and is limited to personal holding or trading of coins, it is generally not considered illegal operation. However, if the individual knowingly assists others in illegal buying or selling of foreign exchange or engages in disguised foreign exchange transactions through the exchange of virtual currency, and the circumstances are serious, they should be regarded as an accomplice to the crime of illegal operation.
