China Introduces New Guidelines for Crypto Money Laundering Prosecutions

China Introduces New Guidelines for Crypto Money Laundering Prosecutions

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by Diego Alvarez

2 months ago

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A recent article in China's Procuratorate Daily has introduced a new framework aimed at prosecuting crypto-related money laundering. Authored by district prosecutors and a law professor, the piece reflects a significant shift in the country's approach to handling cryptocurrency crimes, as emphasized in the official statement.

Assumption of Criminal Intent in Crypto Transactions

The article proposes that courts should assume criminal intent when suspects utilize coin mixers and privacy coins, indicating a more aggressive stance towards crypto transactions. This presumption of intent would place the burden of proof on the suspect to provide counterevidence, thereby tightening the legal framework surrounding crypto money laundering.

Creation of a National Platform for Seized Cryptocurrencies

Additionally, the authors advocate for the creation of a national platform to facilitate the sale of seized cryptocurrencies, addressing the current challenges posed by trading bans. This initiative aims to ensure that confiscated tokens can be disposed of through compliant channels, thus streamlining the management of seized assets.

Increasing Scrutiny of Crypto-Related Money Laundering

With over 3,000 individuals charged with crypto-related money laundering in 2024 alone, the article underscores the limitations of existing laws and suggests implementing a double investigation rule to enhance scrutiny of crypto transactions. While the article does not carry legal weight, it signals a notable evolution in China's prosecutorial strategies regarding cryptocurrency.

The recent developments in China's approach to prosecuting crypto-related money laundering highlight the ongoing evolution of global anti-money laundering efforts. For a deeper understanding of the historical context and implications of these regulations, see AML framework.

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