LATURA SUBIECTIVĂ A INFRACŢIUNII: ABORDARE GENERALĂ ŞI PARTICULARITĂŢI ÎN CAZUL SPĂLĂRII BANILOR, CONFORM LEGISLAŢIEI ROMÂNIEI ŞI A REPUBLICII MOLDOVA
THE SUBJECTIVE SIDE OF THE CRIME: GENERAL APPROACH AND PARTICULARITIES IN THE CASE OF MONEY LAUNDERING

Summary/Abstract: The subjective side of the crime represents one of the fundamental elements of criminal liability, being determined by the will and mental state of the perpetrator at the time of committing the act. In legal doctrine and practice, the analysis of this dimension focuses on the intention (malicious intent) or, as the case may be, on the form of guilt through negligence, highlighting the way in which the perpetrator perceives and assumes the legal consequences of his actions. This subjective component is essential for the differentiation of criminal liability, determining the degree of guilt and the type of applicable sanction. As regards the crime of money laundering, the subjective side presents special particularities, deriving from the complex and indirect nature of the act. Unlike other material crimes, for which the intention can be directly linked to the immediate result of the action, in the case of money laundering, both the intention to conceal or transform illicitly obtained assets and the awareness of the perpetrator of their illegal origin are analyzed. The subjective framework includes not only the will to carry out financial operations, but also the awareness of the illicit nature of the resources and the aim of integrating them apparently legally into the economic circuit. Therefore, examining the subjective side of money laundering requires a dual approach: on the one hand, the general elements of guilt and intention are studied according to the principles of criminal law, and on the other hand, the specific nuances that derive from the complexity of the financial operations, the participation of intermediaries and the concealed nature of the crime are identified. In this context, the psychological and legal analysis of intent becomes an indispensable tool for the correct application of criminal norms and for ensuring liability proportional to the gravity of the act.

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