The subsequent nature and individuality of money laundering in relation to corruption offences. Practical reality or desideratum?

  • Doris Alina Șerban Faculty of Law, Babeș-Bolyai University, Cluj-Napoca; Cluj Bar Association
Keywords: money laundering, corruption offences, fictitious legal transaction, individuality, subsequent character

Abstract

This study briefly examines the relationship between money laundering and corruption offences, when the price of influence/bribery is remitted using a fictitious legal transaction, to disguise the commission of the latter act. Currently, the jurisprudential tendency for such a paradigm is to consider that both parties are criminally liable for money laundering. We consider such an approach susceptible to criticism, since it does not consider the fundamental features of money laundering, respectively its individuality and its subsequent character in relation to the predicate offence. Considering these two features, we believe that the time limit from which it is possible to commit money laundering is that of receiving the benefit, directly or indirectly through an intermediary.

Published
2022-04-06