Aspecte referitoare la investigarea spălării banilor în cyberspaţiu
Aspects related to cyberlaundering investigation

Summary/Abstract: The use of the Internet in money laundering process determined the appearance in the specialty literature of a new notion, which refers to money laundering in the virtual space, called cyberlaundering. Cyberlaundering adds a technological perspective of the notion of money laundering, referring to a wider field of crimes, that of cybercrimes. Thus, the notion of cyberlaundering comprises both the crime of money laundering and that of cybercrime. In terms of cyberlaundering, the criminal uses the technological recourses just like an instrument in the activity of money laundering, which determines that the criminal activity of money laundering be produced. Cyberlaundering is a relatively new phenomenon, which is not yet regulated at national and international level, thus hindering the activities of identification, investigation and prosecution carried out by the law enforcement bodies. The main problems which must be clarified by the law enforcement bodies in the case of the investigation of cyberlaundering refer to the substantiation of the existence of a main crime, of some funds unlawful obtained following the commitment of the main crime, of an activity carried out by a criminal (cyberlaunderer), such as the carrying out of a transaction, and of an information system which is interconnected through the Internet to the activity carried out by the cyberlaunderer, all these listed elements composing the objective side of cyberlaundering. Also, investigators, besides the identification of the elements of the objective side of cyberlaundering, must substantiate the existence of the elements of the subjective side of cyberlaundering: knowledge or suspicion of the origin of funds within criminal activities and the intentional use of illegal funds in different transactions in order to conceive the real origin of these illegal funds.

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