El blanqueo de capitales entre la dogmática y la política criminal internacional: resultados desde una perspectiva de derecho comparado

Abstract

International criminal policy in the field of organized crimehas been focusing more and more on preventive measures as well ason recovering the assets of criminal organizations. On the one hand thevarious international legal instruments on money laundering developadministrative or policy measures which increasingly involve privatepersons or entities. On the other hand the criminal law in a strict sensetries not only to prosecute the perpetrators but also to deprive criminalentities of their assets.One goal of this paper is to identify from a comparative perspectivethe negative effects caused by the clash between the objectives of thesecriminal policies and the basic postulates of criminal doctrine. Anotheris to propose a solution to the problem of whether money launderingshould be understood as a criminal offense which requires a specialintentional element.