PANews丨APP全面升级|Jan 08, 2026 08:22
Shanghai No. 2 Intermediate People's Court Seminar on 'Legal Uniformity in Cases Involving Virtual Currency Crimes': Personal holding or trading of virtual currency is generally not considered illegal business operations.
Recently, Shanghai No. 2 Intermediate People's Court held a seminar on 'Legal Uniformity in Cases Involving Virtual Currency Crimes,' analyzing three key topics:
1. Determining 'subjective awareness' in virtual currency-related money laundering crimes should involve a comprehensive judgment to prevent objective imputation.
2. Identifying the types of actions and the standards for completion in virtual currency-related money laundering crimes:
- First, accurately grasp the essence of the crime, which is 'concealing or disguising the origin and nature of criminal proceeds and their gains.'
- Second, actions that meet the requirements for money laundering crimes, such as concealing or disguising criminal proceeds and their gains, are considered completed crimes.
- Third, strictly crack down on money laundering crimes in accordance with the law to resolutely safeguard national financial security.
3. Determining illegal business operations involving virtual currency:
- If the actions do not exhibit characteristics of business operations and only involve personal holding or trading of virtual currency, they are generally not considered illegal business operations.
- However, if an individual knowingly assists others in illegal foreign exchange transactions or disguised foreign exchange transactions by facilitating virtual currency exchanges, and the circumstances are severe, they should be considered accomplices in illegal business operations.
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