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“两高”发布最新司法解释:将通过虚拟资产交易列为洗钱方式之一

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2024-08-19 13:50:21
据最高人民检察院微信公众号消息,8 月 19 日上午,最高人民法院、最高人民检察院联合召开新闻发布会,发布《关于办理洗钱刑事案件适用法律若干问题的解释》(下称《解释》)。《解释》自 2024 年 8 月 20 日起施行。
《解释》共 13 条,主要内容包括:一是明确自洗钱「他洗钱」犯罪的认定标准,以及「他洗钱」犯罪主观认识的审查认定标准。二是明确洗钱罪「情节严重」的认定标准。三是明确「以其他方法掩饰、隐瞒犯罪所得及其收益的来源和性质」的七种具体情形。四是明确洗钱罪与掩饰、隐瞒犯罪所得、犯罪所得收益罪等罪的竞合处罚原则。五是明确罚金数额标准。六是明确从宽处罚的标准。
《解释》明确,洗钱数额在五百万元以上,且具有多次实施洗钱行为;拒不配合财物追缴,致使赃款赃物无法追缴;造成损失二百五十万元以上;或者造成其他严重后果情形之一的,应当认定为情节严重。
《解释》将通过虚拟资产交易列为洗钱方式之一。明确通过虚拟资产交易、金融资产兑换方式,转移、转换犯罪所得及其收益的,可以认定为刑法第一百九十一条第一款第五项规定的以其他方式掩饰、隐瞒犯罪所得及其收益的来源和性质。



《最高人民法院、最高人民检察院关于办理洗钱刑事案件适用法律若干问题的解释》已于 2023 年 3 月 20 日由最高人民法院审判委员会第 1880 次会议、2024 年 3 月 29 日由最高人民检察院第十四届检察委员会第二十八次会议通过,现予公布,自 2024 年 8 月 20 日起施行。
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