Abstract

http://ssrn.com/abstract=1125903
 
 

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Money Laundering and Predicate Crimes: Should There be Accumulation of Offences?


Jorge A. F. Godinho


University of Macau - Faculty of Law


Formação Jurídica e Judiciária - Colectânea

Abstract:     
This paper discusses the cases where a perpetrator gains proceeds by committing a crime and subsequently goes on to launder such proceeds. This raises the question as to whether such perpetrator ought to be convicted and sentenced for both crimes or whether the punishment for the predicate crime should be sufficient. The issue involves a discussion as to whether such accumulation of crimes would represent a cumulative conviction based upon conduct that should not be separately punished.

The problem is relatively complex given that international law provisions regarding the crime of money laundering intentionally refrain from taking a position on this issue and a comparative law study reveals different solutions for the problem.

The discussion focuses of the legal system of Macau, and contrasts it with Portugal, in the light of recent legal reforms in both systems.

The general conclusion is that such accumulation of crimes is not warranted and should not take place.

Note: Downloadable document is in Portuguese.

Number of Pages in PDF File: 22

Keywords: money laundering, accumulation of crimes

JEL Classification: K14

Accepted Paper Series


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Date posted: April 29, 2008 ; Last revised: February 22, 2012

Suggested Citation

Godinho, Jorge A. F., Money Laundering and Predicate Crimes: Should There be Accumulation of Offences?. Formação Jurídica e Judiciária - Colectânea. Available at SSRN: http://ssrn.com/abstract=1125903

Contact Information

Jorge A.F. Godinho (Contact Author)
University of Macau - Faculty of Law ( email )
Room S512, 5th Floor, Stanley Ho Building
Av. Padre Tomás Pereira, Taipa
Macau
Macau
+(853) 397-4796/4797/4789 (Phone)
+(853) 397-4798 (Fax)
HOME PAGE: http://www.umac.mo/fll/
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