“洗钱罪”主观要件探析

Study on Criminal Subjective Components of Money Laundering

通过我国与外国刑事立法的比较,从刑法的角度对司法实践中如何把握洗钱罪主观要件中的“明知”、“间接故意”、“过失”是否构成犯罪问题进行了探讨,以期对反洗钱罪的理论与司法实践起到一定的参考作用。

Whether some criminal subjective components of money laundering like “deliberate breaking”,“indirect intention”, and “negligence” can be regarded as committing crimes in the judicial practice is disscussed from the criminal angle by the comparison between the criminal laws of China and those of foreign countries. It is hoped that this will play a certain role of reference in the theory of opposition to money laundering and the judicial practice.