The crime of huge unidentified property refers to the behavior that the property or expenditure of state staff obviously exceeds the legal income, and the difference is huge, so I can't explain its legal source.

(A) the object elements

The object violated by this crime is a complex object. That is, the clean government system of the duty behavior of state staff and the ownership of public and private property. The complexity of the object of this crime is determined by the complexity and particularity of the criminal law connotation of the crime of huge property with unknown sources. The purpose of establishing this crime in this law is to strictly enforce the law, facilitate the judicial organs to prove crimes, and make it difficult for corrupt officials to escape trial. That is to say, according to the usual judicial procedure, this crime is established by transferring part of the burden of proof when it is difficult to prove the corruption and bribery of officials. Therefore, first of all, from the purpose of establishing this crime, it can be seen that the primary object of the crime of huge unidentified property is the integrity of state functionaries' duty behavior. Secondly, because the source of the huge amount of property is unknown, this crime will inevitably infringe on the socialist property relations and infringe on the property ownership of state-owned property, collective property and individual citizens.

(b) objective factors

Objectively, this crime shows that the property or expenditure of state staff obviously exceeds the legal income, and the difference is huge, so I can't explain its legal source.

First of all, the property or expenditure owned by the actor obviously exceeds the legal income, and the difference is huge. The property mentioned here refers to the property actually owned by the actor, including houses, means of transportation, deposits, etc. , nominally belongs to others but essentially belongs to the actor, should belong to the actor. Expenditure here refers to the money and material that the actor has paid, including money and material donated to others. Legitimate income refers to the property that should be legally possessed by the actor according to the law, such as wages, bonuses, inherited inheritance, accepted gifts and donations. According to the Supreme People's Procuratorate1September, 1999 16, the Provisions on the Criteria for Filing Cases Directly Accepted by People's Procuratorates (for Trial Implementation), if the source of huge property is unknown and the amount is more than 300,000 yuan, it should be filed. Secondly, the actor can't explain the source and legitimacy of the huge difference between his property or expenditure and legal income. The actor can't explain the legal source, including the case that although the actor "explains", the judicial organ can't prove the legal source of his explanation. The difference in property is presumed to be "illegal income". The behavior of this crime is manifested in the possession and control of a huge amount of illegal property by state personnel.

(3) Main elements

The subject of this crime is a special subject, that is, national staff. Non-state staff cannot be the subject of this crime. State functionaries include those engaged in public service in state organs, recognized state-owned enterprises, institutions and people's organizations, those engaged in public service in non-state-owned companies, enterprises, institutions and social organizations appointed by state organs, state-owned companies and institutions, and other persons engaged in public service according to law.

(4) Subjective factors

Subjectively, this crime is intentional, that is, the actor knows that it is illegally possessed property, but after committing the crime, he deliberately refuses to explain the true source of the property, or deliberately fabricates the legal way of the source of the property.

Second, identify

(1) How to calculate the amount of illegal income.

The legitimate income of state employees is the basis for calculating illegal income. The lawful income of state functionaries includes wages, bonuses, various subsidies given by the state, other labor income, gifts from relatives and friends and property inherited according to law. The amount of illegal income shall be calculated by the difference between the property or expenditure of state staff and their legitimate income. When fruit juice is counted as illegal income, legal income should be deducted and only the difference should be calculated. If the actor can explain that the source of the property is legal and verified, it shall be regarded as his legal income; If the actor can't explain the legal source of the property, the difference between his legal income shall be deducted, which shall be regarded as illegal income, and his behavior constitutes the crime of unclear source of huge amount of property.

(2) The boundary between the crime of huge unidentified property and the crime of corruption and bribery.

The crime of huge property with unidentified sources is closely related to the crime of corruption and bribery, and many huge property with unidentified sources are the crimes of corruption and bribery that have not been verified. However, the crime of huge unidentified property, as an independent crime, has its own criminal composition. First of all, the subject scope of the crime of corruption and bribery is larger than the crime of huge property with unknown sources. In addition to the staff of state organs, it also includes other personnel who handle public property management in state-owned companies, enterprises and institutions and other personnel who engage in public affairs according to law. In the objective aspect of the crime, the crime of huge property with unknown source only requires the actor to have huge property exceeding the legal income, and the actor can't explain it, and the judicial organ can't find out its source. In other words, the huge amount of property owned by the actor may come from corruption, bribery, smuggling, drug trafficking, theft, fraud and other acts, which does not affect the crime of unidentified sources of huge property.

Third, punishment.

According to article 1 of this article, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and the balance of the property shall be recovered.

In the process of investigating and dealing with criminal cases such as corruption, bribery and smuggling, the judicial organs found that the defendant's property or expenditure obviously exceeded his legal income, and he could not explain that the source was legal and the difference reached a huge standard. It should be recognized as the crime of huge property with unknown source and punished according to the principle of combined punishment for several crimes; If the difference does not reach the standard of huge amount, it is not considered as the crime of huge amount of property with unknown source, but the difference is still illegal income and should be recovered according to law.

Related information:

The word money laundering is literally translated from the English word "money coming", which originally meant to clean dirty money. However, the meaning of money laundering is not what it used to be, and there are various expressions. Some scholars in our country believe that money laundering refers to the behavior that criminals transfer, exchange, buy financial instruments or directly invest illegally obtained funds through banks or other financial institutions in order to compress and conceal their illegal sources and nature and legalize illegal assets.

"Money laundering" refers to the process of transforming illegal gains into "legal property" through financial or other institutions, which has become a very key link for the survival and development of criminal groups. On the one hand, through money laundering, organized crime covers up the traces of its criminal activities and can "properly enjoy" the proceeds of crime; On the other hand, money laundering provides funds for criminal groups to intervene in legitimate enterprises, enabling them to "legally cover up illegality" and constantly expand their criminal power.

The object of money laundering is black money, including: drug trafficking, smuggling, arms trafficking, fraud, theft, robbery, corruption, tax evasion and other criminal gains.

Money laundering is usually divided into three steps: (1) deposit, that is, deposit illegally obtained cash in the bank; (2) Through a series of complicated transactions, such as bank transfer, cash and securities transactions, transnational fund transfer, etc. Cover up the real source of funds and legalize it; (3) Return funds to criminals in a legal form.

In addition, there are many other ways of money laundering, such as buying real estate, jewelry, antiques and so on. And then convert them into cash or other financial assets.