Case Concerning Reconsideration and Review of a Decision not to Approve the Arrest of Wang X for Disguising or Concealing the Gains of Crime
(SPP Guiding Case No. 211)
Key words
Disguising and concealing the gains of crime; Clear knowledge; Prosecution standards; Serious circumstances; Reconsideration and review of a decision not to approve the arrest
Summary
The determination of "knowledge" in cases of disguising and concealing the gains of crime and the proceeds derived therefrom shall be based on a comprehensive assessment of the offender's professional background, cognitive capacity, the form of the illicit property, the purchase price, the proceeds obtained, and other relevant factors. When handling cases of disguising or concealing the gains of crime, the people's procuratorates shall, based on the specific facts, circumstances, consequences, and the degree of social harm of the case, and with due regard to the nature of the predicate offense and the proportionality of sentencing between the predicate and derivative offenses, determine whether to initiate prosecution and whether the circumstances qualify as "serious". In handling review cases of a decision not to approve the arrest, a higher-level people's procuratorate, upon identifying errors in the review decision of a lower-level people's procuratorate, shall correct such errors in accordance with the law.
Relevant provisions
Article 312 (1) of the Criminal Law of the People's Republic of China
Articles 67 (1), Article 81 (1) and (2), and 92 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Articles 86, 128 (1), 134, 290, and 291 of the Rules of Criminal Procedure for the People's Procuratorates (Rev. 2019)
Articles 1 (2), Article 3 (1) and (2) of the Interpretation of the Supreme People's Court of Several Issues on the Application of Law in the Trial of Criminal Cases on Disguise or Concealment of the Gains of Crime and the Proceeds Derived Therefrom (Judicial Interpretation No. 11 [2015] of the Supreme People's Court, April 7, 2021 amended, effective as of April 15, 2021)
