Shall the Offender or the Participant in the Predicate Offense Be Held Criminally Liable if He/She Performs the Laundering of the Proceeds from the Committed Offense?

Mihai Adrian HOTCA, PhD
Full Professor of Criminal Law
University „Nicolae Titulescu”, Law Faculty, Bucharest
Romania

 

Abstract

Money launderer is the name used in several specialty works in order to designate the person who commits the offense subsequent to the offense which the criminal proceeds originate from.
The following question often emerges within the doctrine and the case law: May the offender or the participant in the predicate offense be a launderer of the proceeds originating from the committed offense?
There can be two answers to this question. We will hereby present several points of view and we will try to express our opinion on this legal matter.

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