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Spălarea banilor – aspecte juridico-penale


Author: Maria Mutu
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2005
Scientific adviser: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 1 October, 2005
Approved by NCAA on the 22 December, 2005

Abstract

Adobe PDF document – 0.16 Mb / in romanian

Keywords

positioning, division, integration, off–shore, primary offence, revenues, delictum subsequens, transfer, conventional unit, ghost–firm

Summary

The present work comes to explain the particularities of the elements of the crime of “money laundering” (art.243 Criminal Code).

In the countries the role of the legal basis curbing criminal enterprise of criminal communities is played by the legislation making it difficult to legalize the means, obtained through crime. The absens of such legislation creates in it the most favorable conditions for the flourishing of dirty business.

Circulation of illegally received money follows the patterns of circulation of well earned money and goes in cycles – some gets spent immediately and some goes back into criminal businesses and the rest kept for the long term investments.

Often times complicated nested transactions take place where a large number of bank accounts.

It includes both matters of comparate law in the matter of money laundering (taking in account the legal provisions of foreign states) and the same crime as it’s stipulated in the criminal legislation of Republic of Moldova.

This work comes to explain not only the legislative formulation but also different problems which appear when certain actions are qualified as money laundering. Considering that this is mostly an international crime, there have been studied the international reglementations in order to be able to interpretate more effectively the local ones.

The subject that is discussed in present work is one of the first attempts to study the crime of money laundering through its criminal and juridical aspects, which practically hasn’t been studied in our doctrine. Legal problems in combating the laundering of capitals it was necessary to identify what was meant by the notion of legalization (laundering) of profits, obtained illegally; the “profits, obtained illegally” should be understood as incomes, obtained as a result of committing a criminally punishable action. This is why the main goal for the author was to analyze the multiple questions regarding the componence of art.243 of Criminal Code, its interference with other kinds of crimes and making some recomandations for eventual changes in legislation.

For a more successful determination of this matter there have been used the normative acts of different states, as well as national acts other then those which refer to crime law. There is also to be mentioned that this study was based especially foreign doctrine, because in many countries this crime is incriminated already for a long time.

In the final we can say that the present work is a synthesis of the authors own thoughts and considerations made upon the content of art.243 of Criminal Code and it is also a successful synthesis of some actual concepts.