On 24/05/2019, The Supreme People’s Court of Judges issued Resolution No. 03/2019/NQ-HDTP guiding the application of Article 324 of the Penal Code on “Money laundering” offenses. This resolution takes effect from 07/07/2019.
Resolution 03/2019/NQ-HDTP clarifies the concept of “knowing or having a basis to know that other people commit crimes”. Four cases are explained in detail, such as: offenders know directly the money and property committed by others; know through mass media about source crime; By common sense and by law, it is necessary to know the origin of the money due to the crime.
There are 5 major facts to condemn, including:
1. Acts of directly or indirectly participating in financial and banking transactions (performing, supporting the implementation or through other people to perform, assisting in the conduct of acts aimed at hiding the origin legality of money and property committed by the offender with or having grounds to know that it is committed by another person);
2. Acts of directly or indirectly participating in other transactions (implementation, support for implementation or through others to perform, support the implementation of acts to conceal illegal sources of money , the property committed by the offender has or has grounds to know that it is committed by another person);
3. Acts of using money and property that they commit crimes with or knowing or having grounds to know are committed by other persons to conduct business activities (using money and financial resources) produce one, several or all stages of the investment process from production to consumption of products or provision of services in the market for profit purposes);
4. Behavior of using money and property due to a crime, whether or not knowing or having a basis to know that another person commits an offense and takes part in conducting other activities (using money and property to providing services, building schools, hospitals or using them as sponsorships, charities, humanitarian aid or other activities);
5. Acts of hindering the verification of information on the origin and nature of property (deliberately causing difficulties or obstacles to clarifying the origin, true nature, position, process of movement or office property for money and property (for example, providing false documents and information; not providing, providing incomplete; canceling, destroying, repairing, erasing documents and evidence …).
Resolution 03/2019/NQ-HDTP showing the criminal prosecution of money laundering can be conducted concurrently with criminal prosecution of criminal offenses and does not exclude the prosecution criminal crime source.
Thus, Resolution 03/2019/NQ-HDTP adds many contents and concretizes qualitative details on “Money laundering” in order to remove obstacles in practical application.