Ordinary disposal of the proceeds from crime versus the offence of money laundering Cover Image

Dispunerea firească de produsul unei infracțiuni versus săvârșirea infracțiunii de spălare a banilor
Ordinary disposal of the proceeds from crime versus the offence of money laundering

Author(s): Cristina Cucoaniș
Subject(s): Criminal Law
Published by: Editura Solomon
Keywords: money laundering; tax evasion; proceeds of crime;

Summary/Abstract: This article analyses several hypotheses of achieving the purpose of concealing or disguising the illicit origin of the property derived from a criminal activity, in contrast to acquittal decisions based on Article 16para. (1) letter b) thesis I of the Criminal Procedure Code, namely that the offence is not provided for by the criminal law, ruling that there is no such purpose. As a necessity dictated by case law, the distinction between the purpose of the offence of money laundering and that of the offence of tax evasion is also briefly addressed. At the same time, the article proposes baselines for assessing the existence of the purpose of the offence.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 23-31
  • Page Count: 9
  • Language: Romanian
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