| 英文摘要 |
Based on a similar trend of expanding the scope of the money laundering offence in response to international pressure, this paper focuses on the old and new versions of the money laundering offence in Germany. By transforming the Criminal Anti-Money Laundering Directive, the German legislator changed the scope of the predicate offense to an “all-crimes model” to expand the scope of punishment, and by reshaping the act of money laundering, the range of the money laundering offense was significantly increased. In this regard, this paper argues that the German amendment is questionable in many aspects: international sanctions pressure should not be the source of justification for the amendment; the change to the “all crimes model” blurs the focus of the money laundering crime, increases the judicial burden, and does not contribute to the improvement of the criminal policy of money laundering. The elimination of the difficulty of proof does not justify the massive expansion of the scope of punishment; The use of directive language in the provision will not cause significant changes, and many outstanding interpretative issues are not resolved as a result. Therefore, there are doubts that the German amendment violates the principle of the rule of law, the principle of proportionality and the principle of clarity of criminal law. |
