Expanding the crime of money laundering and countermeasures against global terrorism

Abstract

Just as the universe was created with the Big Bang and its ongoing expansion so the crime of money laundering since its creation has been expanding unceasingly. The Spanish legislature added, with organic laws 5/2010, 1/2015 and 2/2015, three additional reforms to the already long list of modifications on money laundering that undermine the legal certainty and the consideration of criminal law as ultima ratio. Organic law 1/2015 of March 30, although says eliminating the petty offenses, using Orwellian Newspeak, it actually transforms most of them into minor offenses in Spain, so that expands the preceding facts of money laundering. Organic law 2/2015, also of March 30, introduces a new form of money laundering in article 576 of the Spanish Criminal Code, with a terrorist purpose, which distorts the legally protected interest by criminalization of money laundering, because it is not required that the goods used for terrorism are of illegal origin. Terrorism financing and money laundering must not be confused to extend onto money laundering the exceptional and reinforced protection of the prevention of terrorism. The fight against terrorism can not become an excuse to control absolutely all citizens and to destroy the guarantees of the rule of law. The expansion in punishment of money laundering is taking place worldwide. China has also punished money laundering from drug crimes, organized criminal syndicate nature or smuggling crimes in 1997, terrorism in 2001, corruption, bribery and disrupting the order of financial administration and financial fraud crimes in 2006. How long will our Criminal Code wait to punish money laundering from mere administrative infractions or civil wrongs? Both human rights and the principles of legal certainty and proportionality prohibit criminalization, by connivance with terrorism, normal behaviour in a democratic society, because the reason of state can not prevail over the reason of law.