Fondements et objectifs des Incriminations et des Peines en Droit Pénal International et en Droit Pénal Européen en matière de Blanchiment

Abstract

This article discusses money laundering by a double reading of the historical evolution. The first reading is that of public international law, be it on a global scale or on a European regional scale (Council of Europe). The second reading is that of integration law in the context of the European Communities and the European Union. Money laundering has been, with few exceptions, imposed through international law. This double reading should give us answers as to the rationale and objectives of money laundering offenses and sentences, their evolution and their variation depending on the institutional context and / or inter-institutional connectivity. The foundation and purpose of the criminalization of money laundering are quite unique, because the offence is completely grafted onto the predicate offenses. The circle of predicate offenses determines the scope of money laundering. The expansion of drug trafficking to a list of offenses or a threshold criterion already indicates this function creep or net widening of money laundering. By the focus on the preventive function of money laundering criminal justice converts in anticipative security (limit risk) through the monitoring of capital.