Several Opinions and Controversies in Connection with the Active Subject of the Money Laundering Crime in the New Criminal Law
Several Opinions and Controversies in Connection with the Active Subject of the Money Laundering Crime in the New Criminal Law

Author(s): Nelu Dorinel Popa, Bianca Popa
Subject(s): Criminal Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: money laundering crime; new criminal law; European Union; comparative law;
Summary/Abstract: The enforcement of the money laundering law sparked controversies in the doctrine and jurisprudence in Romania, especially in matters related to the relation between the active subject of the subsequent crime of money laundering and the active subject of the main offence, from which the goods subject to laundering derive. In one opinion, the possibility that the author of the main offence is to be held criminally liable both for the main offence, as well as for the subsequent crime of laundering the goods coming from criminal offences was highlighted, the crimes coexisting in real competition. In another opinion, it was considered that the person who committed the offense from which the goods subject to laundering originate, could not launder the product of the main crime (in the option of acquisition/ownership/use) as the active subject of the subsequent crime of money laundering is different from the active subject of the main crime from which the goods in question are derived. On the basis of these controversies, by Decision no. 418/2018, the Constitutional Court upheld the exception of evident unconstitutionality, finding that the acquisition/ownership/use of goods coming from criminal offences committed by the active subject of those offences cannot be dissociated from the main offences, as they cannot be analyzed as separate offences. According to the arguments in the article, contrary to the abovementioned decision, the use of goods coming from themain offence for the subsequent offence of money laundering is not.

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