Spălarea banilor. Noţiunea şi proba situaţiei premisă

Drd. Cristina MIREA

Facultatea de Drept, Universitatea din Bucureşti

Avocat în cadrul Baroului Bucureşti

Money laundering. Meaning and proof of the predicate situation

Abstract: The autonomous nature of the money laundering offence was widely debated, both when international instruments did not provide a concrete answer in this respect, and after such clarification appeared, requiring the intervention of the High Court of Cassation and Justice at national level to settle the issue (para. 1). This further paved the way for interpretation of what is meant by "proceeds of crime", focusing on the meaning of "crime" and, implicitly, on the proof requirements for this predicate situation when there is no prior or concurrent conviction for a predicate offence. Thus, three schools of thought have emerged on the matter, one to the effect that the term "offence" is the one described by Art. 15 para. (1) of the Criminal Code on the essential...