15. Infracțiunea de spălare a banilor. Autonomie. Lege penală mai favorabilă. Standarde internaționale
15. Money laundering offence. Autonomy. More permissive criminal law. International standards
Author(s): Camelia Bogdan, Lucian Săndel MacaveiSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: organized crime group offence; money laundering autonomy; predicate‑offence conviction not required;
Summary/Abstract: 1. The initiation or establishment of an organized crime group, the adhesion to or support of such a group in any way whatsoever, for money laundering purposes falls under art. 367 para (1) of the new criminal Code. 2. The money laundering offence stipulated in art. 29 para (1) of the Law no. 656/2002 is not conditioned by the existence of a conviction decision for the offence pursuant to which the assets have been acquired. To this end, according to art. 9 para (5) of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, adopted in Warsaw on May 16th, 2005, ratified through the Law no. 420/2006, the previous and simultaneous conviction for the predicate offence does not constitute a precondition for the conviction for money laundering.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2015
- Issue No: 01
- Page Range: 86-104
- Page Count: 19
- Language: Romanian
- Content File-PDF
