Part IV

Camelia BOGDAN, Judge of the Bucharest Tribunal, "Considerations de lege ferenda regarding Incrimination, Prevention and Fight against Money Laundering"
The new Romanian Criminal Code no longer foresees the money laundering offence; upon its coming into force only article 23 of the AML/CFT Law no.656/2002 will still provide for money laundering incrimination. Within this framework it will present observations with regard to this option of the legislator, as well as formulate proposals on the preventive and repressive sides in order to give a solid basis for the Romanian anti-money laundering legal regime. We will explain why one cannot think of money laundering as another incrimination of concealment. Finally, we will analyse from a critical perspective the definition of money laundering offence, as stipulated by the new Criminal Code, and we will comment upon the persisting controversy in legal scholarship regarding the so-called linguistic (terminological) discrepancy of the expression “money laundering”.

Keywords: Money laundering, fight against money laundering
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