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来源：学生作业帮 编辑：作业帮 分类：英语作业 时间：2024/05/17 22:13:12
请达人帮忙翻译,不要翻译软件的
It is the pivotal concept of suspicion which triggers the reporting requirement where there is any risk that a person may be assisting another to retain the benefit of criminal conduct. The first money laundering offence of giving assistance will be committed where a person "knows or suspects" that another person is engaged in criminal conduct or has benefited from criminal conduct. This is to be contrasted with the second money laundering offence of "handling" (acquisition, possession or use of) the proceeds of criminal conduct which will be committed only where a person "knows" that the property represents, in whole or in part directly or indirectly, the proceeds of criminal conduct. The third money laundering offence, concealing or transferring the proceeds of criminal conduct, introduces an intermediate state of mind. A person will be guilty of this offence if he "knows or has reasonable grounds to suspect" that the property represents, in whole or in part directly or indirectly, the proceeds of criminal conduct. The mental ingredient in the fourth money laundering offence, tipping off, is the same as the mental ingredient in the first money laundering offence of giving assistance. *17 A person will commit the tipping off offence if he "knows or suspects" that a money laundering investigation is being or is about to be made, or where he "knows or suspects" that a disclosure of suspected money laundering has been made to the authorities.
There has been much discussion since the introduction of the money laundering legislation about the difference between the state of mind of a person who "suspects" the existence of certain matters and a person who has "reasonable grounds to suspect" the existence of such matters. To begin with, there are conceptual difficulties. Is it possible to suspect the existence of certain facts in circumstances where there are no reasonable grounds on which to base the suspicion? The answer would appear to be yes. The requirement for the prosecution to establish that there were "reasonable grounds to suspect" imports an objective standard to the assessment whereas proof that a person suspects the existence of certain facts is an entirely subjective matter.
It is the pivotal concept of suspicion which triggers the reporting requirement where there is any risk that a person may be assisting another to retain the benefit of criminal conduct. The first money laundering offence of giving assistance will be committed where a person "knows or suspects" that another person is engaged in criminal conduct or has benefited from criminal conduct. This is to be contrasted with the second money laundering offence of "handling" (acquisition, possession or use of) the proceeds of criminal conduct which will be committed only where a person "knows" that the property represents, in whole or in part directly or indirectly, the proceeds of criminal conduct. The third money laundering offence, concealing or transferring the proceeds of criminal conduct, introduces an intermediate state of mind. A person will be guilty of this offence if he "knows or has reasonable grounds to suspect" that the property represents, in whole or in part directly or indirectly, the proceeds of criminal conduct. The mental ingredient in the fourth money laundering offence, tipping off, is the same as the mental ingredient in the first money laundering offence of giving assistance. *17 A person will commit the tipping off offence if he "knows or suspects" that a money laundering investigation is being or is about to be made, or where he "knows or suspects" that a disclosure of suspected money laundering has been made to the authorities.
There has been much discussion since the introduction of the money laundering legislation about the difference between the state of mind of a person who "suspects" the existence of certain matters and a person who has "reasonable grounds to suspect" the existence of such matters. To begin with, there are conceptual difficulties. Is it possible to suspect the existence of certain facts in circumstances where there are no reasonable grounds on which to base the suspicion? The answer would appear to be yes. The requirement for the prosecution to establish that there were "reasonable grounds to suspect" imports an objective standard to the assessment whereas proof that a person suspects the existence of certain facts is an entirely subjective matter.
当有一个人也许会协助另一人来占有非法产品的利益的任何风险时,这是发布报道要求的根本定义.第一种,当一个人知道或怀疑另一人忙于非法产品或已获利与非法产品时,给予帮助的洗钱手段将被判为犯罪.这是相对于第二种洗钱手段--操控(得到,占有或利用)非法产品收入,只有当此人整体或部分`直接或间接地知道这些财产是非法产品收入时才会被判罪.第三种洗钱手段,隐藏或转移非法产品收入,介绍中介的观点言论.一个人如果他整体或部分`直接或间接地知道或有可信的依据来怀疑,这些财产表示非法产品的收入,他是有罪的.在第四种洗钱手段中告密这种精神因素,和给予协助在第一种洗钱手段中作为精神因素是一样的.