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Circular 9/2011/ttlt-Bca-Bqp-Btp-Tandtc-Vksndtc-Nhnnvn: Guide To Applying The Provisions Of The Criminal Law On Charges Of Harboring Or Consume The Property Crimes By Others That Have And Guilt Washed T. ..

Original Language Title: Thông tư liên tịch 09/2011/TTLT-BCA-BQP-BTP-NHNNVN-VKSNDTC-TANDTC: Hướng dẫn áp dụng quy định của Bộ luật hình sự về tội chứa chấp hoặc tiêu thụ tài sản do người khác phạm tội mà có và tội rửa t...

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CIRCULAR Guide applies the provisions of The criminal law on charges of harboring or consume the property crimes by others that have and money laundering offences To the correct and uniform application of the provisions of the criminal code, 1999 (revised, supplemented in 2009) on charges of harboring or consume the property crimes by others that have and money laundering crimes , Ministry of public security, the Ministry of Defense, Ministry of Justice, the State Bank, the Supreme People's Procuratorate, the Supreme People's Court of the Guide as follows: article 1. Explain the terms prescribed in article 250, 251 criminal code 1. "The property by another offence that there" is the property because the offenders get directly from the implementation of the offence (for example, appropriating property, embezzlement, bribery, ...) or because the offenders get from the purchase, barter with property has been directly from work they perform criminal acts (for example : the motorcycle has to be from the use of the funds embezzled to buy).
2. "know your property is by another crime that has" proven base is known to be property has been taken directly from the offence or obtained from the purchase, barter with the property have been taken directly from the offence.
3. Property include: animals, money, valuable papers and property rights; real estate, estate, yield, return, the main character, supporting politically, not politically, are expendable, not expendable, materials of the same kind, animal, animals and property rights.
Article 2. About the crime of harbouring or consume the property by another offence that there (article 250 of the Penal Code) 1. Contains property is one of the following behaviors: storing, concealing, preserving assets; for venue hire, so thanks to store, hide, to preserve that asset.
2. Consume the property is one of the following behaviors: buy, sell, rent, lease, Exchange, mortgage, pledge, deposit, deposit, for, gift, receive property or help for the implementation of the Act.
3. When applying the episode guilty of professional nature specified in point b of paragraph 2 to article 250 of the Penal Code that need attention: a) apply only criminal details of professional nature when the following conditions:-Have from 5 times or over perform harboring offense or consumption of assets by another offence that would , no rescue was criminal liability or not, if not all time prejudice criminal liability or not yet deleted projects;
-The offender has no career or take illegal income assets due to a crime that would make the main living source.
b) case in the conviction if the criminal once convicted that haven't been deleted projects area of the particular circumstances to identify the offenders can be applied all three conditions are: "guilty many times", "it" (or "it is dangerous") and "guilty of a professional nature".
4. "property, illegal animals are great value" specified in point c of paragraph 2 to article 250 of the Penal Code are property, illegal animals are worth fifty million to under two hundred million.
5. "property, illegal animals are of great value" specified in point a of paragraph 3 to article 250 of the Penal Code are property, illegal animals are valuable from two hundred million to under five hundred million.
6. "property, illegal characters have special value" specified in point a paragraph 4 to article 250 of the Penal Code are property, illegal animals are worth from five hundred million or more.
7. "illegal profits" specified in point d item 2 Article 250 of the Penal Code is illegal profits from ten million to under fifty million.
8. "the huge illegal profits" specified in point b of paragraph 3 to article 250 of the Penal Code is illegal profit from fifty million to under a hundred million.
9. "nefarious gain especially large" specified in point b of paragraph 4 to article 250 of the Penal Code is illegal profits from a hundred million or more.
10. The issues that need attention: a) in terms of subjective crimes, people perform criminal acts must know that her harboring assets or property is consumed by the crime that has but no promises, discuss or deal with the by property crimes.
b) where the property so guilty that there is drugs, drug precursors, firecrackers, smoking guns, weapons, tools, means of military engineering, explosives, radioactive substances, flammable, poison, prohibited, counterfeiting, if enough elements constituting the crime, the respective person performed harboring behavior consumption of the property which will be handled on the respective offenses that do not handle on charges of harboring or consume the property crimes by others that have.
Article 3. On the crime of money laundering (Article 251 of the Penal Code) 1. Participate directly or indirectly in financial transactions, banking or other transactions involving cash, property in order to disguise the origin of illegal money, property is implementation, implementation assistance or through others to implement support, do one of the following behaviors in order to disguise the origin of illegal money , the property: a) deposits and open accounts at the Bank;
b) mortgage, pledge property;
c) lenders, trust, lease, purchase financing;
d) transfers, change money;
DD) Buy, sell stocks, bonds and other valuable documents;
e) release of securities;
g) issuing means of payment;
h) guarantee and financial commitment, trading Forex, money market instruments, equities are transferable;
I) portfolio management of individuals, collectively;
k) cash management or liquidity securities on behalf of individuals, collectively;
l) invest capital or the money for individuals, collective;
m) conducting insurance activities and insurance related to other investments;
n) these activities are intended to create the transformation, shifting or changing ownership for money, personal property, agency, organization.
2. use of the money, the property is unknown due to a crime that had on the conduct of business activities or other activities is the use of the money, the property in the business operations, service, founded the company, build schools, hospitals, buy property under the different forms or use under your sponsors , charity, humanitarian aid.
3. "guilty many times" specified in point c paragraph 2 to Article 251 of the Penal Code is money laundering cases from two times over and in the times that not have been time to save criminal responsibility yet time prejudice and criminal liability.
4. When applying the episode guilty of professional nature specified in point d of paragraph 2 to Article 251 of the Penal Code that need attention: a) apply only criminal details of professional nature when the following conditions:-Have from 5 times over implementation of the money laundering offence , no rescue was criminal liability or not, if not all time prejudice criminal liability or not yet deleted projects;
-The offender has no career or take illegal income assets due to a crime that would make the main living source.
b) case in the conviction if the criminal once convicted that haven't been deleted projects area of the particular circumstances to identify the offenders can be applied all three conditions are: "guilty many times", "it" (or "it is dangerous") and "guilty of a professional nature".
5. "the money, the property has great value" specified in point e clause 2 Article 251 the criminal's money, property crimes valued at two hundred million to under five hundred million.

6. "money, property crime have very large values or particularly large" specified in point b of paragraph 3 to Article 251 of the Penal Code is money, valuable property from five hundred million or more.
7. "illegal profits" provided for in point g item 2 Article 251 of the Penal Code is a valuable benefit from fifty million to under a hundred million 8. "The huge illegal profits or particularly large" specified in point b of paragraph 3 to Article 251 of the Penal Code is worth the gain from a hundred million or more.
9. "Cause serious consequences" specified in point h paragraph 2 to Article 251 of the Penal Code is causing damage valued at two hundred million to under five hundred million.
10. "Cause very serious consequences or especially serious" specified in point c of paragraph 3 to Article 251 of the Penal Code is causing damage worth from five hundred million or more.
11. When applying the conditions causing serious consequences, very serious, serious special needs to determine the consequences of damage caused by the offence caused is out of property values due to offenses that have.
Also as a result of damage to property, the offence of money laundering can also have other adverse consequences of implementing the party's policies, the laws of the State, affect national security, order, social security, to secure the financial system, national currency and other non-material consequences. Accordingly, are depending on the particular case to assess the extent of the consequences of the crime caused is serious, very serious or particularly serious.
Article 4. Transitional provisions 1. The instructions in this circular if mitigating criminal liability than before, it is applied when the investigation, prosecution, trial of the first instance, appellate, cassation trial or retrial for the offence before this circular effect.
2. where the offender has been sentenced and the judgment has the effect of law did not apply the guidelines in this circular to protest under the order of Cassation, retrial, unless there are other protest base. If herewith, they are not subject to criminal liability, the procedural resolution free of penalty.
3. With regard to the case are conducting the investigation, prosecution, trial of the first instance, appellate, cassation trial or retrial which applied the guidelines in this circular to claim exemption from criminal responsibility to be accused, the investigating authorities, the Procurator The Court should clearly explain to the accused, the accused knows the case to be exempt from criminal liability under the provisions of this circular is not the basis of the damages caused by the Agency's authority to conduct the proceedings.
Article 5. Effective enforcement of this circular effect since July 2, 2012.
Article 6. Responsible enforcement agencies, relevant units of the Ministry of public security, the Ministry of Defense, Ministry of Justice, the State Bank of Vietnam, the Supreme People's Procuratorate, the Supreme People's Court is responsible for enforcement and implementation guidance in this circular.
In the process of implementation of the circular if there are obstacles, agencies, units of reflection on the Ministry of public security, the Ministry of Defense, Ministry of Justice, the State Bank of Vietnam, the Supreme People's Procuratorate, the Supreme People's Court to have the Guide timely.