Money laundering detention can be released on bail pending trial, but it must meet the corresponding conditions. According to the law, the conditions for obtaining bail pending trial mainly include that the criminal suspect may be sentenced to public surveillance, criminal detention or independent application of additional punishment; May be sentenced to more than fixed-term imprisonment, and bail pending trial will not cause social danger; If you are seriously ill, unable to take care of yourself, or pregnant, or are breastfeeding your own baby, bail pending trial will not cause social danger.
Common forms of money laundering are:
1. Setting up a shell company to launder money is the most typical and commonly used money laundering mode.
2. Money-laundering through false name deposit or purchase of financial instruments.
3, illegal money laundering, illegal funds mixed with legal funds through financial institutions.
4. Use import and export trade to launder money, and transfer the stolen money abroad by selling at high prices and buying at low prices.
5. Set up a foreign-funded company or use the foreign exchange black market for international money laundering, and return to China as an overseas investor after money laundering.
6. Tax fraud and money laundering. Set up fake enterprises, engage in fake exports, defraud tax rebates and transfer illegal funds through various channels.
7. Use affiliated units to launder money.
8. Money laundering by taking a lot of cash from different places.
9. Money laundering through "underground money houses".
10, money laundering through insurance companies. After the insurance, the illegal funds will be recovered through legal forms such as refund and surrender.
1 1. Money laundering in the form of private lending.
12. Money laundering through frequent securities and futures trading.
13, using state-owned enterprises to launder money. Transfer and sell the property rights of state-owned enterprises at low prices, and divest state-owned assets to private enterprises.
The constitutive elements of the crime of money laundering are:
1, the object of this crime is the national financial management system and the normal activities of the judicial organs.
2. Objectively speaking, this crime is manifested as money laundering to cover up and conceal the source and nature of illegal income and the income generated by drug crimes, organized crimes of underworld nature and smuggling crimes.
3. General subjects.
4. The subjective aspect is intentional.
To sum up, money laundering completely disrupts the country's financial order and will also cause great losses to the national interests. Knowing that it is a crime, the actor must bear legal responsibility. The specific punishment court will judge according to the amount of money laundering. The greater the amount, the heavier the punishment will naturally be.
Legal basis:
Article 19 1 of the Criminal Code of People's Republic of China (PRC).
The crime of money laundering covers up and conceals the income from drug crimes, organized crimes of underworld nature, terrorist activities, smuggling crimes, corruption and bribery crimes, crimes of disrupting financial management order, financial fraud and other crimes, as well as the source and nature of the income. Whoever commits one of the following acts shall be confiscated of the above-mentioned criminal proceeds and sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined:
(1) Providing capital accounts;
(2) Converting property into cash, financial bills or securities;
(3) Transferring funds by transfer or other payment and settlement methods;
(4) Cross-border transfer of assets;
(5) concealing or disguising the source and nature of the proceeds of crime and their proceeds by other means.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.