The crime of money laundering It is known worldwide for being one of the most famous and dangerous crimes. In addition, this involves institutions and people who are involved in this.
What is money laundering?
Money laundering is a crime that goes directly to heritage and the socioeconomic order.
Which consists of being able to carry out certain actions in order to incorporate legal economic traffic, which are determined by the goods that come from illegal actions.
Through money laundering, it is possible to give an appearance of legality illegally obtained property thus allowing the use and enjoyment of it.
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It is what is commonly known in some countries as money laundering and which also aims to erase all traces of the illegal origin of a large amount of money or property.
This is a crime that has been imported from all international instruments in the fight against organized crime. Which, it is especially in reference to drug trafficking.
What are the legal assets that are protected by the crime of money laundering?
Among the legal assets that are protected by the crime of money laundering are the legal functioning of the entire economic system and the financial system.
Similarly, the guardianship of the Administration of Justice. In other words, the interest of the Government in prosecuting all crimes, since this is affected by cover-up actions.
The basic type of money laundering crime
Money laundering is a crime of mere activity which is committed for the purpose of to be able to give an appearance of legality to all profits, which are obtained through a previous crime.
The basic type of crimes money laundering It is one that consists of being able to acquire, use, possess, transmit or convert all assets in order to hide or completely conceal their illegal origin.
They will also be guilty of this crime all those people and institutions that help the individual who may have participated in the infringement to avoid all the legal consequences of the acts.
That is, this is punishable for the use as well as for the possession and transmission of all assets with a criminal origin. Similarly, the aggravated type of all money laundering.
He Penal Code punishes more severely the crime of money laundering when these assets may come from the commission of some crimes.
In this way, the penalty must be imposed in its upper half when all the assets have an origin related to drug trafficking crimes, influence peddling, embezzlement, bribery, Frauds and illegal exactions.
Negotiations and activities prohibited to officials
In the same way, the penalty may also be applied in its upper half when this crime is committed by individuals who belong to a criminal organization which is dedicated to money laundering.
The penalty will be even greater for the heads, administrators or those in charge of all these organizations.
Reckless money laundering
This crime of money laundering requires intent, which may mean that the perpetrator must have knowledge of the criminal origin of all the assets and the will to be able to commit the acts.
The test in money laundering
The very nature of this crime often means that there is no direct or obvious proof. For this reason, the possibility of being able to use everything known as an indicative test is established.
An indicative test is a trace, a vestige, a trace, an indicator or also a known fact that can allow us to conclude that a crime has been committed.
The most frequent indications throughout the money laundering They are the appearance of large amounts of money without justification.
In the same way, the movement of large amounts of cash or large funds that come from a foreign country.