Book Description

Since the late 1980s, efforts made by the international community to deal with the complex and global problem of money laundering have stimulated the creation and definition of the so-called 'international crime of money laundering', which is included in various United Nations and Council of Europe international treaties, as well as European Union Directives. The central purpose of this research is to investigate if the main goal of effectiveness in the adaptation of the international crime of money laundering at the domestic level, might undermine other values that international law is seeking to protect, namely the guarantee of due process and the adequate protection of human rights principles. Then, if the adoption of any element of the crime shows to be inconsistent with civil rights and guarantees, to propose how deficiencies could be remedied. To do this, the study is divided as follows: first, I put the international crime of money laundering in context by analyzing the main extra-legal and legal aspects concerning money laundering (Part l); then, I provide a global comparative perspective to determine whether or not the adoption of money laundering offences is consistent with sound principles of criminal law and criminal procedure (Part Il); and finally, I examine the jurisdictional problems with respect to money laundering offences (Part Ill). By studying money laundering offences from a global-comparative angle, the research reveals that the international crime of money laundering is a widely drafted offence so it generates an unjustified inflation of criminal law and, moreover, it offers many moving parts that can spread across many jurisdictions. In order to remedy these deficiencies and inconsistencies, this work is proposing the adoption of a new, more detailed and less ambiguous definition of this international criminal offence, which is in line with human rights principles.