CONTROVERSY REGARDING THE ACTIVE SUBJECT OF THE INFRACTION OF MONEY LAUNDRY
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Authors:
• Mihai HOTCA, email: mihaihotca@gmail.com, Afiliation: Associate professor, Ph.D., Dean of the Law Faculty, „Nicolae Titulescu” University, Bucharest
• Silvia NIŢU , Afiliation: Prosecutor, Ph.D. candidate, “Nicolae Titulescu” University, Bucharest -
Keywords: money laundry, main infraction (deliquens principale), subsequent infraction (deliquens subsequens), concealment, favouring of the offender, spălarea banilor, infracţiune principală (deliquens principale), infracţiune subsecventă (delinquens subseque
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Abstract:
De lege lata, in the Romanian criminal law, the matter of the circumstance of the persons that can have the capacity of active subjects of the infraction of money laundry is. Mainly, it is about the answer to the question: Can the participant to the infraction from which come laundered assets (deliquens principale) be active subject of the infraction of money laundry? The legal practice is uneven and the doctrine is, in its turn, divided in this matter. Next, we will try to present the arguments that support the two points of view and we will try to answer the above asked question.