Money laundering: Conceptual precision

Much has been discussed about origin of the crime of money laundering in our legislation. Some believe that this is a novelty in our modern criminal law, i.e. that it will be incorporated into our legislation, a matter of several years ago and as a result of IFIS (International Financial Institutions) demands against debtor countries. Without a doubt, IFIS has been pushing for crime to be regulated as broadly as it appears in our current legislation.

However, let’s take a look at history. It is true that Criminal law adopted by Law no. 14 of May 18, 2007, with amendments introduced by Law no. 26 of 2008, when it edits Crimes against the economic order divides crimes of this nature into six (6) chapters.

Thus, for example, ch. 1. refers to criminal offenses against market competition and the rights of consumers and users; 2. Chapter. It is related to the criminal offense of improper withholding of benefits; from his side Chapter 3 refers to financial crime; Chapter 4. broadcasts money laundering crimes; Chapter 5. Criminal offenses against economic security and Chapter 6. Criminal offenses against intellectual property and in several sections regulates issues of criminal offenses against copyright and related rights; Criminal offense against industrial property rights; Crimes against the collective rights of indigenous peoples and their traditional knowledge; Chapter 7 on bankruptcy and insolvency; 8 on unfair competition; Chapter IX deals with check and credit card crimes and, finally, chapter 10 deals with trade secret crimes.

It is important to know to which facts, actions or behaviors, specifically, the criminal offense of money laundering prescribed by Article 254 of the Criminal Code refers, and how it remained after the reforms that Article 40 was introduced Act 36 of 2013.

The aforementioned article incriminates any person who himself or through an intermediary: receives, deposits, negotiates, transfers or converts money, securities, goods or other financial resources, reasonably anticipating that they originate from activities related to the following criminal acts: international bribery, criminal offenses against copyright and related rights, against industrial property rights or against humanity, drug trafficking, illegal association to commit drug-related crimes, qualified fraud, financial crime, illegal arms trade, human trafficking, kidnapping, embezzlement, extortion, murder for price or reward, against the environment, corruption of public officials, illicit enrichment, terrorist acts, financing of terrorism, pornography and corruption of minors, trafficking and commercial sexual exploitation, theft or international trade in vehicles; with the purpose of concealing, disguising or disguising its illegal origin; or help avoid legal consequences of such criminal acts He will be sentenced to five to twelve years in prison.

As you can see, almost everyone Special part of the Criminal Code. Incredibly! Crimes described in the articles 255 to 259, inclusive, refer to punishable behavior that refers to someone who, without participating in the commission2/2 of a criminal offense, but despite knowing about the illegal origin, commits the act of hiding, concealing or preventing the determination of the origin. , place, destination or ownership of money, goods, securities or other financial resources or assist in securing the benefit thereof when they come or are obtained, directly or indirectly, from any of prohibited actions from Article 254 or in any other way help to secure his benefit.

Whoever carries out transactions, either personally or through an intermediary natural or legal person, is also punished. banking, commercial financial institution or of any other nature, with money, securities or other financial sources from any activity 254 of the Criminal Code.

Likewise, anyone who personally or through an intermediary person, natural or legal, gives false information to another person or to a banking, financial, commercial or any other institution for opening a bank account or conducting transactions is punished. transactions with money, securities, goods or other financial resources which come from some of the activities provided for in 254

Now I must point out that the Criminal Code from 1922 already regulatedCriminal law.stated in his sixth chapter, title creation of administrative verbs of the current 254 of the Criminal Code.

The above-mentioned article establishes that a person who has not participated in a criminal act, nor is in the cases referred to in Article 197, will hide in his own interest, receive a pledge or a free deposit or in any way acquire objects or money that a person for which the present, occasion and circumstances of the pledge or sale prove or reasonably suggest that they originate from a criminal act; and who participates in the sale or pledges These items help criminals who exploit their productsshall be punished with imprisonment from one to twenty and a fine of three months for the commercial value of the object that caused the crime (Text of Article 370 of the Penal Code as replaced by Law No. 22 of 1954).

So, if we compare the content of Article 254 Current Criminal Code with valid 370 of the Criminal Code from 1922, we assert without the slightest hesitation that, although under the name of the criminal offense of concealment, not money laundering, the already mentioned Criminal Code from 1922 regulated that figure, albeit with a minimal penalty and without the social significance that it has in the world of current economy and trade fraudulent and fraudulent movement, of illicit origin and origin, money, securities and other financial resources (e.g. stocks, bonds, etc.)