He crime money laundering It is produced by the laundering of money or capital or even income. It is the process by which the origin of the funds generated by the exercise of certain illegal activities.
Traffic is included drugs or drugs, arms smuggling, corruption, embezzlement, tax evasion and crimes white collar. The articles consider public embezzlement, extortion, illegal work, it is about the illegal declaration of money
The elements of the crime of money laundering in Spain
The deposit will be in bank accounts in tax havens, with the aim of not declaring taxes on the Profits. Where it is related to the finances of a company or an individual, they are opaque to the corresponding Treasury.
The basic criminal type of money laundering crime established in article 301 describes a variety of behaviors. Acquire, convert or transmit property knowing that it comes from the commission of a serious crime.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
Carry out acts that seek to hide or disguise this origin. Help those who have committed the basic crime or crime to avoid the consequences of their actions.
Conceal or hide the true nature, origin, location, destination, movement or rights over the goods knowing their illegal origin. Whoever acquires, possesses, uses, converts or transfers assets, knowing that these originate from a criminal activity.
These situations can be committed by him or by a third party, to hide their illegal origin. Where will you participate in the money laundering crime to avoid the legal consequences of their actions.
will be suppressed with custodial sentence freedom from six months to six years. In the case of a fine, it will be three times the value of the goods.
Penalties for the crime of money laundering in the penal code
The special sanction of disqualification of the offender, will include in these cases the judges or courts. Taking into account the seriousness of the act and the personal circumstances of the offender.
They may impose the disqualification from the exercise of his profession or industry for a period of one to three years. The measure of temporary or permanent closure of the establishment or premises will be agreed.
If the closure is temporary, its duration cannot exceed five years. The penalty will be imposed in its upper half when the goods have their origin with the toxic drug trafficking. This includes narcotics or psychotropic substances described in articles 368 to 372.
The penalty will be imposed in its upper half when the assets come from other crimes. These will be those included in Chapters V to X, Title XIX of the penal code.
The precautions to take in the crime of money laundering in Spain
The prevention of money laundering crime Its purpose is to prevent and prevent the use of the financial system. The focus will be for money laundering of any nature due to criminal involvement in the practice of a crime
The code exposes the penalty deprivation of liberty than three years before the crime of money laundering. These circumstances must be understood in the legal context of Spain.
Crime monitoring is assimilated to the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Crimes. control of money laundering crimeIt is based on Law 10/2010, of April 28,
Royal Decree 925/1995 manifests a distinctive approach in Law 19/1993 regarding the prevention of money laundering crime. Ordinance 19/1993 approved legal liability measures for money laundering.
Black money laundering, or money laundering, is a "last link" in the crime chain. It is a process by which illegally obtained (black) money becomes part of the legal flow of the economy.
Subjects linked to the control of the crime of money laundering
Spanish law establishes certain subjects that are obliged to carry out a control or declare. Law 10/2010 of prevention of money laundering and financing of terrorism exposes its application in different subjects.
Credit institutions, which make up finances, bank accounts, insurance entities authorized to operate in the life branch. The law extends to insurance intermediaries when they act in relation to investment-related services.
The investment services company, made up of finances or bank accounts. All the all rights reserved to the management company of collective investment institutions and investment companies.
Pension fund management entities, understood as the management company of pension fund entities venture capital and venture capital companies.
The law maintains an important inclusion with the mutual guarantee company and the payment institution.
People who carry out foreign exchange activities professionally are involved. Postal services related to money orders or activities of transfer.
People who are professionally engaged in intermediation in the granting of loans or credits. Persons who, without having obtained approval as financial entity of credit.
Situation that allows the professional development of the activities that refer to the supplementary provision first of Law 3/1994. Where credit institutions adapt to the second banking coordination directive and introduces related to the financial system.
The law considers promoters real estate and those who professionally carry out real estate activities. Auditors, external accountants or tax advisors.
Lawyers, solicitors or other independent professionals when they participate in the advice of sales operations of real estate or commercial entities. The management of funds, securities or other assets is extended to lawyers, at the time of opening or current management.
The banking understandings They must evaluate savings or securities accounts with the operation or management of companies. The creation or management of trusts when acting on behalf of clients in any financial or real estate sector.
Transactions in the crime of money laundering in Spain
People who professionally provide certain services to third parties. The incorporation of companies or other legal persons and perform management or secretarial functions of a company,
Being a member of an association providing a registered office or commercial, postal, administrative and other related services to a company.
People who professionally carry out the activities referred to in art. 1 of Law 43/2007. The law applies the consumer protection in the negotiation of goods with offer of reimbursement of the price.
Persons who carry out operations of deposit, custody or professional transport of funds or means of payment are involved. The natural people that carry out movements of means of payment, in the terms provided in art. 3. 4.
people who trade professionally with goods, under the terms of art. 38. Foundations and associations, under the conditions established in art. 39.
Obliged subjects are considered natural or legal persons who carry out the activities mentioned before the money laundering offence. By highlighting the actions of natural persons when they are employees of a legal person, or provide permanent services.
The obligations imposed by this law will fall on said legal person in relation to the services provided. The obligated subjects of the conditions established by law regarding operations carried out through agents
