China's Supreme Procuratorate Publishes Article on "Systematic Solutions to the Legal Challenges of Anti-Money Laundering Using Virtual Currency"

BlockBeats News, July 13th, according to the Procuratorial Daily, the People's Procuratorate of Yuhu District, Xiangtan City, Hunan Province, and researchers from the Law School of Xiangtan University jointly wrote an article proposing a systematic solution to the legal challenges of combating money laundering using cryptocurrency.

The article points out that current judicial practice faces triple challenges in behavior qualification, evidence collection, and asset recovery: first, Article 191 of the Criminal Law still limits money laundering to 7 categories of predicate offenses, resulting in many cases only being prosecuted for "concealment crimes"; second, the use of mixers, privacy coins, cross-chain transfers, and other methods has led to fragmented evidence chains, making it difficult for traditional investigative methods to penetrate; third, conflicts in the legal nature of cryptocurrency, procedural rule vacuums, and barriers to cross-border cooperation have made asset recovery enforcement difficult.

In response, the article's authors suggest the following: in the qualification challenge, achieve a transition from passive identification to active examination at the judicial level; activate the guiding function of procuratorial supervision and assessment standards at the oversight level. In the evidence collection challenge, establish adaptive standards for electronic evidence validation and review; construct a tiered evidence standard with reasonable presumptive rules; explore the authorization and regulated application of technical investigative measures. In the asset recovery challenge, establish a national-level interdepartmental collaborative disposal mechanism; actively participate in and lead the construction of international rules and cooperation platforms.