Three departments: implementing the "one case double investigation" mechanism for corruption and bribery crimes and money laundering crimes

Release time:Apr 16, 2024 21:50 PM

The Opinion emphasizes the need to strengthen the construction of cooperation and cooperation mechanisms, establish a multi departmental participation, clear responsibilities, strong cooperation, and efficient operation cooperation mechanism to combat money laundering in the field of corruption and bribery, form a working force, and clarify the overall requirements, division of responsibilities, work mechanisms, organizational leadership, and other issues for handling relevant cases.

The Opinion requires supervisory organs, procuratorial organs, and public security organs at all levels to consciously place the anti money laundering work in corruption and bribery crimes in the overall maintenance of national security, and to ensure the new development pattern with a new security pattern. We need to effectively investigate upstream corruption and bribery crimes, attach importance to the handling of money laundering crimes, implement the "one case double investigation" mechanism for corruption and bribery crimes and money laundering crimes, and simultaneously review the destination and transfer process of the proceeds and gains of corruption and bribery crimes.

The Opinion further clarifies the responsibilities of the three organs. In investigating cases of corruption and bribery, supervisory authorities, in conjunction with the work of recovering and recovering losses, investigate the ownership, source, destination, income, and relationship with the facts of the illegal crime of the involved property. If it is found that the involved personnel are suspected of committing "self money laundering" crimes, relevant evidence of fixed "self money laundering" crimes should be collected in a timely manner, and the clues and relevant evidence materials of "self money laundering" crimes should be transferred to the public security organs for processing; When the facts of "self money laundering" have been determined and it is necessary, the facts of "self money laundering" can also be included in the corresponding facts of duty crimes in the prosecution opinion, and transferred to the procuratorial organs for review and prosecution; If it is found that the person involved is suspected of money laundering, the clues of money laundering should be promptly transferred to the competent public security organs. The public security organs shall crack down on various money laundering and underground banking crimes in accordance with the law, destroy criminal organizations and professional criminal gangs at the source, block illegal fund circulation channels, and effectively recover criminal proceeds and their profits. If suspicious clues are found, relevant sources and destinations of funds should be traced, fixed evidence should be collected in a timely manner, relevant facts of money laundering crimes should be identified, and transferred to the procuratorial organs for review and prosecution. If any clues of disciplinary violations or suspected crimes related to public officials are found in the case, they shall be promptly transferred to the supervisory authority. If there are crimes that involve judicial personnel using their power to extort confessions through torture, bending the law for personal gain, etc. that infringe on civil rights and harm judicial fairness, they can also be reported to the procuratorial organs. The procuratorial organs shall effectively fulfill their legal supervision responsibilities and strengthen supervision over the filing, investigation, and trial activities of money laundering criminal cases. In advance intervention, examination and prosecution of corruption and bribery cases, it is necessary to simultaneously examine whether there are clues of money laundering crimes. If clues of money laundering crimes are found through examination, it is recommended that the supervisory authorities coordinate the disposal, or transfer the clues of money laundering crimes to the public security organs and notify the supervisory authorities. For cases of corruption and bribery crimes transferred for prosecution by supervisory authorities, if it is found that the money laundering crime has been omitted, but the facts are clear, the evidence is true and sufficient, and meets the conditions for prosecution, after consulting with supervisory authorities and the same level public security organs with jurisdiction, if there is no different opinion, it can be prosecuted together with the corruption and bribery crime.

The Opinion proposes to establish and improve a mechanism for case consultation and information sharing. Supervisory organs, procuratorial organs, and public security organs can consult on major, difficult, and complex cases, and accurately crack down on money laundering crimes in accordance with the law. Strengthen the construction of informatization and intelligence, gradually promote cross departmental big data collaborative case handling through the use of big data and other technologies, and achieve online processing and circulation of cases. Strengthen the analysis and judgment of important data and situations in money laundering work, establish and improve a sharing and exchange mechanism for business information, briefings, notifications, major cases, and work measures. Promote the establishment of fast query channels for bank account transactions, third-party payments, and digital RMB transactions related to money laundering crimes, and provide services to support grassroots law enforcement and case handling.

The Opinion proposes to strengthen the mechanism of collaborative operations. If the supervisory and public security organs discover money laundering crimes in the investigation and handling of cases, the procuratorial organs may intervene in advance in accordance with relevant regulations, strengthen cooperation and cooperation, and provide opinions on evidence collection, factual determination, case characterization, and legal application. For major, difficult, complex, and sensitive cases of social concern, higher-level supervisory organs, public security organs, and procuratorial organs can jointly supervise and handle them. The supervisory organs, public security organs, and procuratorial organs responsible for handling cases should strictly follow the requirements of supervision, do a good job in case handling, and report in a timely manner when key nodes and significant progress are made in case handling.

The Opinion proposes to deepen the governance at the source. Adhere to treating both the root cause and the root cause, carry out systematic governance, and do a good job in handling cases in the second half of the article. In the process of handling money laundering and related upstream corruption and bribery cases, if it is found that financial institutions, non bank payment institutions and other anti money laundering obligation institutions have management loopholes and risk hazards, they should promptly report the situation to the People's Bank of China and its branches, financial supervision and management departments, securities and futures supervision and management departments, foreign exchange management departments and other departments with regulatory responsibilities, and propose rectification suggestions from the aspects of organizational leadership, institutional mechanisms, methods and measures, to achieve a comprehensive effect of handling one case, warning one area, and governance one area.

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