ANALIZA GENERICĂ A LATURII OBIECTIVE A INFRACŢIUNII ŞI SPECIFICĂ A LATURII OBIECTIVE A INFRACŢIUNII DE SPĂLARE A BANILOR
GENERIC ANALYSIS OF THE OBJECTIVE SIDE OF THE CRIME AND SPECIFIC ANALYSIS OF THE OBJECTIVE SIDE OF THE CRIME OF MONEY LAUNDERING

Summary/Abstract: The analysis of the objective side of the crime involves examining all the external elements that characterize the illicit conduct incriminated by the criminal norm, namely the action or inaction by which the legal provisions are violated, the immediate consequence produced or likely to be produced, as well as the causal link between the perpetrator's conduct and the socially dangerous result. This analysis has the role of delimiting the constitutive content of the crime and highlighting the concrete ways of carrying out the criminal act, in relation to the requirements imposed by the law. As regards the crime of money laundering, the analysis of the objective side takes on particular importance, given the complexity and multi-faceted nature of the activities through which it is carried out. Thus, the objective side of the crime of money laundering consists of committing acts of conversion, transfer, concealment, hiding or acquiring assets derived from the commission of crimes, in order to give them an appearance of legality. The examination of these elements involves the analysis of the concrete ways of committing the act, the means used, the nature of the assets subject to illicit operations, as well as the effects produced on the economic and financial order and social relations protected by criminal law. Therefore, the comparative and distinct analysis of the objective side of the crime, in general, and the objective side of the crime of money laundering, in particular, contributes to a thorough understanding of the specifics of this form of crime, facilitating a correct legal classification of the facts and a rigorous application of the rules of criminal law.

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