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

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.

Keywords: money laundering, accumulation of crimes

JEL Classification: K14