The Supreme Procuratorate issued a document: Systematically breaking through the threefold dilemma of using virtual currency for money laundering regulation in criminal law
According to a report by the Procuratorial Daily, researchers from the People's Procuratorate of Yuhu District, Xiangtan City, Hunan Province, and the Law School of Xiangtan University have jointly written an article proposing a systematic response plan to the regulatory dilemmas of money laundering crimes using virtual currency. The article points out that current judicial practice faces three major dilemmas: first, Article 191 of the Criminal Law limits money laundering crimes to seven types of upstream crimes, resulting in many cases being treated as "concealment crimes"; second, methods such as mixers, privacy coins, and cross-chain transfers lead to fragmented evidence chains, making traditional investigative methods difficult to penetrate; third, conflicts in the legal attributes of virtual currency, a vacuum in procedural rules, and barriers to cross-border cooperation make it difficult to recover assets.In response, the article suggests promoting "dual investigations for one case," establishing the principle of self-authentication of blockchain data, constructing a tiered standard of proof, and establishing a national-level custody and disposal platform for involved virtual currencies, while actively promoting the signing of special agreements for international criminal justice assistance in virtual currency crimes.