Limitarea sferei de incriminare a spălării banilor, ulterior deciziei nr. 418/2018 a Curţii Constituţionale
The new limits of money laundering following Constitutional Court Decision 418/2018

Summary/Abstract: A recent interpretative ruling by the Romanian Constitutional Court on money laundering generated a series of discussions about the relationship between the latter crime and the one from which the money amounts – as the object of the washing action. This is because the decision contradicts the previous interpretation given in the same matter by the High Court of Cassation and Justice, in what can be called a dispute between the two courts, both with powers in the interpretation of criminal law. As such, in the present paper, we will attempt to elucidate the context in which the decision was reached, with its typology, then we will present the arguments of the Court with critical remarks – following the differences between the constitutive elements invalidated by the Court and the offence of concealment, with which money laundering has some similarities. Lastly, we will analyse the incidence of the ne bis in idem principle, as the main argument put forward in the decision. As final remarks, we will identify the potential effects of the judgement, which we believe will be strongly discussed in the nearby future.

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