Shanghai Second Intermediate Court "Legal Uniformity in Virtual Currency Crime Cases" Seminar: Personal holding and trading of coins are generally not recognized as illegal business activities

DeepFlowTech · 2026-01-08T07:03:54+00:00

Shanghai Second Intermediate Court Holds Seminar to Analyze Cases Involving Virtual Currency Crimes, Including the Determination of Subjective Knowledge, the Completion Standard for Money Laundering Crimes, and the Recognition of Illegal Business Operations Crimes, Emphasizing Strict Crackdown on Money Laundering Crimes and Safeguarding National Financial Security.

DeepFlowTech

2026-01-08 07:03:54

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Deep Tide TechFlow News, on January 8th, the Shanghai Second Intermediate People’s Court recently held a seminar on “Legal Uniformity in Virtual Currency Crime Cases,” analyzing three topics, including:

The determination of “subjective knowledge” in virtual currency money laundering crimes should be comprehensively judged to prevent objective attribution.
The types of behaviors involved in virtual currency money laundering crimes and the standards for establishing completion: First, accurately grasp the criminal essence of “concealing and disguising the source and nature of criminal proceeds and their gains”; second, behaviors that conceal and disguise criminal proceeds and their gains as stipulated by the elements of money laundering constitute completion of the crime; third, strictly crack down on money laundering crimes according to law to resolutely safeguard national financial security.
The identification of illegal operation crimes involving virtual currency: if the behavior does not have characteristics of business operations and only involves personal holding or trading of coins, it is generally not recognized as illegal business operation. However, if the individual knowingly assists others in illegal buying and selling or disguised trading of foreign exchange, or provides help through virtual currency exchange, and the circumstances are serious, it should be identified as an accomplice of illegal business operation.

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