Limitele subisdiarității infracțiunii de spălare a banilor în raport cu infracțiunea premisă
Limits of the Subsidiarity of the Crime of Money Laundering in Relation to the Premise crime

Author(s): Mihai-Costin Toader
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: money laundering; subsidiarity; premised crime; limits; autonomy;
Summary/Abstract: The present study aims, starting from the presentation of the constituent elements of the single crime of money laundering, as identified by national jurisprudence, to identify an objective criterion for delimiting the crime of money laundering in relation to the predicate offense, from the perspective of content autonomy. constitutive of the two facts provided by the criminal law, drawing a limit of the subsidiarity report, as fixed in the judicial practice and in the specialized literature, without having the claim of completeness. Although there is no unanimously accepted point of view in the literature or in the specialized doctrine, we consider that the crime of money laundering acquires autonomous corpus, insofar as the active conduct that is confined to its material element (respectively the change or transfer, the concealment or the concealment), acquisition, possession or use) is preceded or accompanied by the use of fraudulent maneuvers.

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