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Supreme People’s Procuratorate Issues a Document: Systematically Cracking the Three-Layer Predicament of Criminal-Law Regulation in Using Virtual Currencies to Launder Money

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Deep Tide TechFlow message: On July 13, according to Procuratorial Daily, the Yuhu District People’s Procuratorate of Xiangtan City in Hunan Province and researchers from the Law School of Xiangtan University jointly published an article proposing a systematic response plan to address the challenges in criminal law regulation of money-laundering crimes using virtual currencies. The article notes that current judicial practice faces threefold dilemmas: offense characterization, evidence collection, and recovering and preserving assets. First, Article 191 of the Criminal Law’s money laundering offense still limits the predicate offenses to seven categories, meaning many cases can only be handled as “concealment offenses.” Second, tools such as mixers, privacy coins, and cross-chain transfers cause the evidence chain to become fragmented, making it difficult for traditional investigative methods to penetrate. Third, conflicts in the legal attributes of virtual currencies, a vacuum in procedural rules, and barriers to cross-border cooperation result in difficulties in executing asset recovery. In response, the article recommends advancing “two-track review in one case”, establishing the principle of blockchain data self-authentication, and building a tiered proof standard. It also calls for establishing a national-level custody and disposal platform for virtual currencies involved in cases, while actively promoting the signing of a special international criminal judicial assistance agreement for virtual-currency crimes.
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