TechFlow news, on January 8, the Shanghai No. 2 Intermediate People's Court recently held a seminar on "Legal Uniformity in Cases Involving Virtual Currency Crimes," analyzing three key issues:
1. Determination of "subjective knowledge" in money laundering crimes involving virtual currency: subjective knowledge in such cases should be comprehensively assessed to prevent objective attribution of criminal liability.
2. Behavior types and criteria for completed offenses in virtual currency-related money laundering crimes: first, accurately grasp the essence of the crime—“concealing or disguising the source and nature of proceeds from crime and their benefits”; second, once acts specified in the elements of money laundering—namely concealing or disguising criminal proceeds and their benefits—are carried out, the offense is considered complete; third, strictly crack down on money laundering crimes in accordance with the law to resolutely safeguard national financial security.
3. Determination of illegal business operations involving virtual currency: if conduct lacks characteristics of business operation and merely involves personal holding or trading of virtual currency, it generally should not be认定 as the crime of illegal business operations. However, if a person, knowing that another is engaged in illegal or de facto foreign exchange trading, still provides assistance through virtual currency exchange, and the circumstances are serious, they should be认定 as an accomplice to the crime of illegal business operations.
