Infracţiunea de spălare a banilor în legislaţia românească şi în cea a Republicii Moldova
The offense of money laundering in Romanian and Moldovan legislation

Summary/Abstract: The criminal offence of money laundering is similarly regulated in Romania and Republic of Moldova. The legislation of the two countries has undergone significant changes over time, many of them in the attempt to line up with the international and european standards on the prevention and fight against money laundering. Unlike the Republic of Moldova, Romania has not yet transposed the 4th Anti-Money Laundering Directive of the European Union, although the 5th Anti-Money Laundering Directive has already been adopted and has already entered into force, this being the reason why, on July 19, 2018, the European Commission referred Romania to the Court of Justice of the European Union for the commencement of the infringement procedure. In this article we shall present in a concise manner the international and european instruments on money laundering with an exact referrence to the acts that, under these instruments, should be incriminated as money laundering in the national legal order of the states that have ratified or implemented these regulations into their legislation. Also, we shall try to point out hereby the most important similarities and differences of regulation with respect to the criminal offence of money laundering as regulated in Romania and in the Republic of Moldova. The attention shall be highly given to the mental element of the money laundering criminal offence as regulated in the Republic of Moldova as this country has implemented in a particular way the international and european regulations related to the form of guilt of the money laundering criminal offence.

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