Aidong Camp NewsDrug offences and money laundering offences go hand in hand. Through money laundering, drug criminals convert illegal gains into legal gains and evade legal punishment. Today, we use a case involving drug and money laundering to popularize the legal knowledge around us.
[Brief facts of the case].
From May 2019 to March 2020, criminal suspect Wang sold methamphetamine to Sun, Qian, Li and others on several occasions (** of which he sold a total of 07 grams, 3450 yuan;It has been sold to Qian 3 times, a total of 3,700 yuan;It has sold a total of 2 to Li 3 times2 grams, 3200 yuan.
During the review and prosecution phase, the procurator undertaking the case used the plea leniency system as a sharp weapon to move Wang with affection and reason, and finally let Wang voluntarily admit guilt and accept punishment, and take the initiative to report and expose other criminal facts in his possession. Among them, from January 1, 2019 to March 19, 2019, Wang purchased methamphetamine from Zhang on 11 occasions, and the drug money was transferred to Xu's Industrial and Commercial Bank of China card provided by Zhang through Alipay.
The prosecutor who undertook the case believed that Zhang was suspected of drug trafficking and Xu might be suspected of money laundering, so he handed over the clues of the case to the investigating organ, and put forward the requirements, methods and ways of investigation and evidence collection to the public security organs, and supervised the investigation organs to file the case, and then the investigating organs filed a case for investigation on Zhang's suspected drug trafficking and Xu's suspected money laundering. After review, it was ascertained that from January to March 2019, Zhang sold methamphetamine to Wang and Sun 13 times, Xu was a good friend of Zhang, Zhang said that he did not have a bank card and wanted to borrow Xu's bank card to use, and Xu still gave his Industrial and Commercial Bank of China card to Zhang to use when he knew that Zhang was selling drugs to others, and used it to collect drug money, collecting a total of 7,500 yuan in drug money. In the end, Zhang and Xu were sentenced to four years in prison and six months in prison respectively for drug trafficking and money laundering.
[Case Analysis].
1.Article 347 of the Criminal Law of the People's Republic of China stipulates that smuggling, selling, transporting or manufacturing narcotics, regardless of the quantity, shall be investigated for criminal responsibility and punished. In this case, Wang and Zhang clearly knew that they were drugs and sold them many times, violating the state's drug management system, and their actions constituted the crime of drug trafficking.
2.Article 191 of the Criminal Law of the People's Republic of China stipulates that a person who provides a fund account for the purpose of covering up or concealing the proceeds of seven types of predicate crimes, such as drug crimes, and the nature of the proceeds thereof, shall transfer funds through transfer or other payment and settlement methods constitute the crime of money laundering. In this case, Xu may have lent his bank card to Zhang for use out of friendship, but when he knew that Zhang had committed a drug crime, he did not take any means, mistakenly understood that the act was committed by Zhang and had nothing to do with him, and continued to lend the bank card to Zhang to use to receive drug stolen goods, which is a typical crime of money laundering in the situation of "providing funds account", so Xu's conduct constituted the crime of money laundering. Although Zhang's act of using Xu's bank card to receive drug stolen goods and then transferring the drug proceeds after receiving the money in order to escape the crackdown of the public security organs and cover up his drug trafficking proceeds** did not constitute a crime at the time of his crime, after the Criminal Law Amendment (11) included "self-money laundering" in the scope of the crime of money laundering, his behavior also belonged to the situation of "transferring funds through transfer or other payment and settlement methods" in the crime of money laundering, so Zhang's behavior was a typical criminal act of "self-money laundering".
[Case-by-case].
First of all, no matter how much drug trafficking will constitute a crime, drug contamination will destroy oneself, bring disaster to one's family, endanger society, and infect diseases, and the harm of drugs is fiercer than that of a tiger; China has always maintained a posture of cracking down drug-related crimes, but some criminals still take risks in order to make huge profits, and do not hesitate to defy the law; anti-narcotics is a protracted war without gunpowder, and drugs seem to be far away from us, but in fact they are close at hand. The procurator hereby reminds the general public to cherish life and not to defy the law.
Secondly, with regard to money laundering crimes, when anyone can handle a bank card, borrowing someone else's bank card to receive or transfer a large amount of money is probably to evade banking supervision or legal liability. In fact, the crime of money laundering is not far away from us, and our commonly used bank cards, Alipay, WeChat, etc., may become a tool for criminals to launder money. To this end, we must strengthen the management of our own capital accounts and social accounts, especially WeChat, Alipay and other commonly used electronic payment accounts, when others ask for help to collect and transfer, we must keep a clear head, be cautious, do not lend personal accounts, transfer them to others, do not give criminals an opportunity, and beware of becoming a "tool person" for money laundering crimes. Even if it is lent to relatives and friends who know the roots, it is recommended to go to the bank regularly to check the bank statement with the ID card to grasp the actual use of the bank card, and take back or cancel the loaned bank card in time when the card is found to be abnormal.
Reporter Xu Leilei).
Organizers: Propaganda Department of the Municipal Party Committee, Municipal Office of the Municipal Party Committee for the Rule of Law, Internet Information Office of the Municipal Party Committee, Municipal Bureau of Justice, Municipal Law Popularization Office.
Organizer: Dongying ** Society.
Column support**: Public Legal Services***12348
Contributed by the 104th issue: Dongying Municipal People's Procuratorate.