TechFlow News, January 8th: The Shanghai No. 2 Intermediate People's Court recently held a seminar on "Unifying the Application of Law in Virtual Currency-Related Criminal Cases," analyzing three key issues:
1. The determination of "subjective knowledge" in virtual currency-related money laundering crimes should be based on a comprehensive assessment to prevent objective attribution of guilt.
2. The identification of behavioral types and standards for completed offenses in virtual currency-related money laundering crimes: First, accurately grasp the criminal essence of "concealing or disguising the source and nature of criminal proceeds and their gains." Second, the act of concealing or disguising criminal proceeds and their gains as stipulated in the constitutive elements of money laundering constitutes a completed offense. Third, strictly crack down on money laundering crimes in accordance with the law to resolutely safeguard national financial security.
3. The determination of virtual currency-related illegal business operation crimes: If the conduct lacks the characteristics of business operations and merely involves personal holding or speculation of virtual currencies, it is generally not considered an illegal business operation crime. However, if the individual knowingly assists others in illegal foreign exchange trading or disguised foreign exchange trading by exchanging virtual currencies, and the circumstances are serious, they should be identified as an accomplice in the crime of illegal business operation.
