Edited by Brigitte Unger and Daan van der Linde
Chapter 28: Economic crimes and money laundering: a new paradigm for the criminal justice system?
Money laundering is a complex issue, not only as a result of the development of the processes of internationalization and globalization, but also because of its transverse nature and its relationship to criminal law, criminal procedure, administrative – both substantive and process – law, financial, and international public law. To become familiar with the concepts of money laundering, let us begin with the phenomenology from a criminological perspective. Afterwards, we shall revise a little of the history in order to discover where these concepts have their origin and how they have been legally drawn together, and in this way place ourselves in the history of the criminal policy connected with this new regulatory offense. Subsequently, we shall deal with certain aspects of criminal law, such as specific problems connected to the substantial elements of the offense and certain relevant matters of criminal procedure. Finally, we shall deal with the human rights framework and the question of international cooperation in the criminal law domain, related to this phenomenon.
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