Despre răspunderea penală pentu spălarea de bani săvârșită cu intenție indirectă și imprudență [Articol]

Abstract

Under Moldovan Criminal law the only possible form of guilt for the crime of money laundering is direct intent (purposefulness). The author of the article argues that this approach is not adequate because of the complexity of the crime in issue. The highly complicated, multistage and multidimensional mechanism of money laundering crime frequently involves third party participation whose knowing of the act as well as recklessness and negligence also present the level of social danger, which is enough to declare these forms of guilt as criminal. Thus, the author’s proposal consists of amending Moldovan Criminal Code by including in it the article 2431 titled “Breach of anti-money laundering rules”. It will create a more coherent and robust system of legal protection against acts of legalizing criminal proceeds in the Republic of Moldova.