Money laundry

• Author: Academic lecturer Mihai Adrian Hotca, Law Faculty Nicolae Titulescu University, Academic assistant Constantin Nedelcu, Law Faculty Nicolae Titulescu University Academic assistant Marius Mihcilescu Law Faculty Nicolae Titulescu University
• Pages: 1-9

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1. Preliminary consideration

The free circulation of persons and the existence of a rapid means of communication at distance have a substantial price - the growth of interstate criminality and the offence phenomenon in generally. One of the cruelest forms of contemporary crime in our country, and not only, is the money laundry offence. In Romania, offence of the money laundry has a history almost inexistent, because the firs regulation of the deed of money laundry was in the year 1999, through the legitimization of the law number 21/1999, prescriptive act abrogates through the law number 656/2002, actually in operation. The new penal code, which is entering in operation from 1 September 2006, has similar incrementing norms with those in the law number 656/2002, with the exception of associating deed the offence committing of money laundry¹. Although the deed incrimination of money laundry is not from a long time, in all world states, as an antisocial deed, it was identified more centuries ago.

Whitening of the goods obtained through the performing crimes is a practice very unhealthy for any state, but it can be devastating for the country which is in transition to the functionally economy of market, as Romania. Confronted with this situation, world states are trying to unite their efforts through multilateral cooperation in this domain. A first step was made through the adoption in the year 1998, a United Nation Convention against the illicit transfer of drugs and psychotropic substances (Vienna). At European level, the concept of money laundry was established under line 91/308/EEC on the year 1991 at Europe Council. In the same year ware adopted other lines concerning money laundry; which apply on the year 1993. An important role on European level has the Convention of Europe Council concerning washing, tracing down, sequestration and confiscation the infections products (Strasbourg, 1990, which is entering in operation from 1 September 1990)².

The money and the others goods which are forming the offence object of money laundry come from committing the most various offences. The offences on perpetuation on which results the dirtiest money are: the drug traffic; breach regimes of weapons and ammunitions in aggravate form; breach regimes of explosives materials; the falsification of

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currency or other values; prostitution; contraband; blackmail; shorting of freedom in illegally way; fraud in the banking, financial and assurance system; fraudulent cress; stealing and concreting of cars; non-observance regimes of protecting a goods; the traffic of animals protected in their countries; the trade with tissues and human organ; hacking; the crimes commit with credit cards; the crimes committed by person who are part of delinquent associations; non-observance disposals concerning the import of residues; non-observance the disposals concerning the gambles; other offences of organize crime.

The deeds of money laundry are committed through changing or transferring of goods perpetration of crimes, with the aim to hide the illegal origin of these goods, or with the aim to help persons who has committed offences which the goods are coming on perpetration of crimes.

Dirty money laundry can also made by hiding the true nature of their origin, of their place, disposition, circulation or the propriety of goods or rights over them, obtained from the perpetration of crimes. At present, the expression "money laundry" has a wider meaning than the initial one in its sphere entering any kind of activity regarding the obtaining, possession or use of goods, knowing that this came from the perpetration of crime.

In many of the cases, the offence of money whitening of dirty money is realized through the cooperation of many people on plurality form realized by the delinquents (organized crime or organized criminal group). Organized crime implicated in the deed of goods laundry obtained from committing of offences is structured mostly on mafia's rules and, besides the persons who constitute the plurality made by the delinquents, its benefits from material resources and very important relations. The organized crime has, in many cases, international ramifications, regional or even global and it often depends on the help of the involved person to struggle with the phenomenon of organized delinquent's plurality.

In Romania, the phenomenon of money laundry is not having yet the dimensions of others parts of the globe, like South America or Russian, but neither the authorities have the necessary experience to fight against it.

2. The analyze of the money laundry operation

2.1. Legal content

The facts of money laundry are incriminated in present by the law nr.656/2002³ and in the new penal code, which is about to enter in operation on 1st September. As per article 23 on the law number 656/2002, is offence of money laundry:

1. changing or the transfer of the goods, knowing the source on which are on the committing of an offence, in purpose hiding or dissimulation the illicit origin of these goods or in purpose of helping the person who committed the offence from the goods comes elude from the pursuits, trial or the punishment execution;

2. hiding or dissimulating the true nature of provenance, of where is situating, of disposition, of circulation or of propriety of goods or the rights on them, knowing the goods are coming on perpetration of crimes;

3. acquirement, possession or use of goods, knowing that these are coming on perpetration of crimes.

In the article 24 on the law number 656/2002 the same kind of deed is incriminating of non-observance of article 18 on the law by to staff of National Office of Warn and Control of Money Laundry, The obligation is maintained even after the job stopped, for 5 years. Also, those mentioned at art. 8 of the law and are employees of them have the obligation of not transmitting money, besides the conditions mentioned by the law, the information held in

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connection to money laundry and not to warn the clients regarding the sesization at National Office of Warn and Control of Money Laundry.

In the specific literature, the offence of money laundry was defined as being :"the intentioned transformation or transfer of goods of any kind, material or non material, mobile or immobile, tangible or intangible, of amounts of money or values, no matter what their evidence form is, knowing that these are the result of the commitment or participation to the falsification of currency or other values; prostitution; contraband; blackmail; shorting of freedom in illegally way; fraud in the banking, financial and assurance system; fraudulent cress; stealing and concreting of cars; non-observance regimes of protecting a goods; the traffic of animals protected in their countries; the trade with tissues and human organ; hacking; the crimes commit with credit cards with the purpose to hide their illegal origin."⁴

Trying to give a definition lo money laundry, we should say that it is an offence which has the purpose to change or transfer goods, to hide their misdemeanor origin to elude from the person who committed the offence, from which the goods come, from the penal law application, as well as the dissimulation of misdemeanor nature, origin, place, disposition, circulation or the property over the goods or the rights over them and the acquirement...