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Shanghai No. 2 Intermediate People's Court, China: Merely holding or trading cryptocurrency as an individual is generally not deemed as the crime of illegal business operation
BlockBeats News, January 8th. The Criminal Adjudication Seminar, jointly organized by the China Criminal Law Society, guided by the Shanghai High Court, and co-hosted by the Shanghai Second Intermediate People's Court and the China University of Political Science and Law, focused on the theme of "Legal Uniformity in Cases of Cryptocurrency-Related Crimes." The key points of the seminar are summarized as follows:
In the context of money laundering involving cryptocurrency, the determination of "subjective awareness" should comprehensively consider the subjective awareness of money laundering involving cryptocurrency to prevent unwarranted attribution of liability.
In determining the types of conduct and the criteria for consummated offenses in cryptocurrency money laundering crimes, 1) it is essential to accurately grasp the essence of "concealing or disguising the illicit origin and true nature of criminal proceeds and benefits"; 2) engaging in acts specified as elements of money laundering constitutes consummated offenses; 3) rigorous legal measures must be taken to crack down on money laundering crimes and resolutely uphold national financial security.
Regarding the identification of cryptocurrency-related illegal business operation crimes, if the conduct lacks the characteristics of business operation and merely involves personal holding or trading of cryptocurrency, it is generally not considered illegal business operation. However, if an individual knowingly assists others in illegal trading or disguised foreign exchange transactions through cryptocurrency exchanges, and the circumstances are serious, they should be deemed an accessory to illegal business operation.
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