El delito de lavado de dinero

2021 ◽  
pp. 54-66
Author(s):  
Argus Ariel Gómez Mendiola
Keyword(s):  
Money Laundering ◽  
Rule Of Law ◽  
Organized Crime ◽  
Global Perspective ◽  
Financial Systems ◽  
The Rule Of Law ◽  
The Real

The aim of this essay is to present a brief introduction to the crime of money laundering, starting from its conceptualization as well as the purpose sought by the mechanisms that are implemented to operate the resources of illicit origin. A mention is made of the origin of the term ""money laundering"" and why the term money is used specifically. Organized crime mainly integrates the great fluxes of illicit capital it generates into the financial systems of various countries, with the aim of laundering money in its different stages. This, however, impacts different activities of countries and societies in general. The phenomenon of money laundering must be focused from a wide and global perspective to appreciate the real magnitude of the problem, since it undermines the rule of law, therefore have been detected some activities that are particularly vulnerable to being carried out to money laundering, which are being controlled more severely to stop the flux of this type of capital.

scholarly journals THE „HAWALA SYSTEM“ - BETWEEN CUSTOMARY LAW AND ORGANIZED CRIME

2020 ◽  
Vol 2 (1) ◽  
pp. 1-15
Author(s):  
Ivan Geshev ◽  
Nikolay Marin
Keyword(s):  
Money Laundering ◽  
Rule Of Law ◽  
Organized Crime ◽  
Information Technologies ◽  
The Other ◽  
Customary Law ◽  
The Rule Of Law ◽  
Criminal Groups ◽  
The One ◽  
Conventional Type

The article aims to reveal the nature and specifics of the alternative method of modern banking ‘Hawala’, which makes it on the one hand, extremely convenient for use by organized criminal groups, and on the other, difficult to be investigated and proven. The authors trace Hawala’s historical roots, referring to the ancient customary law, and point out the strict rules on which it operates. It highlights that, with the development of information technologies, the Hawala systems’ principles have found a new application, from which organized criminal groups benefit. The article clarifies how the Bulgarian legislation incriminates money laundering and the possible use of the ‘Hawala’ system for this and other criminal activities. Attention is paid to the Bulgarian experience in the investigation of a network of persons involved in the use of the Hawala method for concealing, particularly serious crimes. The conclusion is made that the Hawala phenomenon poses a serious threat to the rule of law in any country, and the Bulgarian legislation needs to be adapted in order to provide effective mechanisms to counter such non-conventional type of crime.

Self-laundering of the proceeds of tax evasion in comparative law

2018 ◽  
Vol 9 (1) ◽  
pp. 83-108
Author(s):  
Anna Maria Maugeri
Keyword(s):  
Money Laundering ◽  
Rule Of Law ◽  
Tax Evasion ◽  
Comparative Law ◽  
The Rule Of Law ◽  
European Legislation ◽  
Ne Bis In Idem

The supranational and, in particular, European legislation impose the inclusion of tax evasion among the predicate offences of the money laundering and urge the introduction of the offence of self-laundering. Despite these inputs, the criminalization of self-laundering is problematic in terms of respect of the rule of law. In this perspective, the article highlights the difficulty of considering, in comparative law, the proceeds of tax evasion as a criminal profit which can be laundered, as well as the problems posed by the criminalization of self-laundering of this tax saving with respect to the principles of both ne bis in idem and proportionality. Subsequently, the article will focus on the aims of criminalizing the act of self-laundering, and also in this perspective the link emerges with tax evasion, before evaluating the necessity of such a tool in the broader armamentarium available today in the fight against the accumulation of illicit capital.

scholarly journals State Capture in Mexico: A Theoretical and Historical Review

2021 ◽  
Vol 7 (1) ◽  
pp. 105-124
Author(s):  
Gerardo Sánchez Lara ◽  
Andrea Valdés
Keyword(s):  
Political Violence ◽  
Money Laundering ◽  
Rule Of Law ◽  
Historical Review ◽  
The State ◽  
The Rule Of Law ◽  
State Apparatus ◽  
State Capture

The purpose of this article is to review the works of several academics specialized in the matter of security, which the authors will use as an analytical setting and revision their outcomes to define and understand the concept of state capture. Once the concept of state capture is defined, then the case of Mexico will be analysed. This article intends to discuss several indicators regarding state capture such as the rule of law, how political violence has also influenced the issues of corruption, impunity, and mentions how money laundering prevention serves as a tool for tackling corruption. In order to grasp an understanding what state capture is, we must first develop conceptualizations of corruption, impunity and its classifications, the rule of law, and the state apparatus. This article intends to analyse the implications that all of the above might have with regards to a state captured democracy, from an academic approach.

Latin American lockdowns speed Mercado Libre's growth

2020 ◽  
Keyword(s):  
Latin America ◽  
Business Model ◽  
Latin American ◽  
Rule Of Law ◽  
Business Environment ◽  
Home Market ◽  
Financial Systems ◽  
Online Retail ◽  
Content Type ◽  
The Rule Of Law

Significance Latin America’s leading e-commerce platform has emerged as one of the winners in the current regional business environment, marked by the COVID-19 pandemic. While retailers across the region have struggled to cope with lockdowns, Mercado Libre saw its user numbers increase by 45.2% year-on-year in the second quarter, to 51.5 million. Mercado Libre has been able to adapt its business model to Latin America’s unique market features, which include excessive regulation, chronic infrastructure problems and poor enforcement of the rule of law. Impacts Mercado Libre’s expansion prospects in Latin America may prove strongest outside its home market, Argentina. The shift towards online retail in the region will continue as fintech expands among people not included in traditional financial systems. Regulatory difficulties and trade union pushback will continue to raise challenges in some markets.

The Dissolution of Municipal Councils due to Organized Crime Infiltration

2019 ◽  
Vol 5 (2) ◽  
pp. 45
Author(s):  
Filomena Occhiuzzi
Keyword(s):  
Rule Of Law ◽  
Organized Crime ◽  
Central Government ◽  
Administrative Law ◽  
Public Officials ◽  
Local Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic ◽  
Fundamental Values

: The paper proposal is focused on the evolution of a specific legal instrument, which consists of the Central government’s power to “dissolve” municipal councils in the case of infiltrations by organized crime. In Italian administrative legislation, local councils may be dissolved for several reasons such as the ongoing violation of the law and the neglect of duty, but one of the most debated causes is the interference and the pressure that organized crime may exercise on the members of municipal councils. This specific administrative law instrument is defined in art. 143 T.U.E.L. and is part of a series of public anti-mafia policies. It was introduced in 1991 as an emergency law to cope with the risk of maladministration due to local authorities’ subjugation to criminal power (Mete, 2009). The aim of the dissolution of local councils is to preserve constitutional and fundamental values such as democracy and the rule of law, but it is a very severe legal tool as it affects a democratically elected community. This instrument is also closely related to the prevention of corruption in the public sector, as often the infiltrations by organized crime in municipalities are due to the corruption of public officials. The institution in charge of applying this legal tool is the Prefect, which has the power to enforce the orders of the central government and oversees local authorities. The procedure for the adoption of this instrument involves the major constitutional bodies such as the Parliament, the Ministry of Interior and the President of the Republic.

L'agricoltura legale: i terreni agricoli confiscati alla criminalitŕ organizzata

2009 ◽  
pp. 153-173
Author(s):  
Elisa Ascione ◽  
Manuela Scornaienghi
Keyword(s):  
Rule Of Law ◽  
Organized Crime ◽  
Negative Effects ◽  
Positive Role ◽  
The Rule Of Law ◽  
Criminal Organizations ◽  
The Social ◽  
Social Use ◽  
Agricultural Areas

- This paper examines the role of social agriculture in disseminating the culture of legality in agricultural areas fallen prey to organized crime. It also investigates the relations between corruption and crime, underlining their negative effects on the economic growth of areas, as well as their social implications, highlighting the positive role of the social farm. In this respect the confiscation of land belonging to criminal organizations and its social use is of key importance for the institutions in asserting the rule of law. Furthermore, the article analyzes the assignment and geographic range of lands, pointing out institutional problems and the role of local administrations.EconLit Classification: Q100, Q130, Q150, K400Keywords: Social Agriculture, Legality, Social FarmsParole chiave: Agricoltura sociale, Legalitŕ, Cooperative sociali

Peacekeeping and the Sexual Exploitation of Women and Girls in Post-Conflict Societies: A Serious Enigma to Establishing the Rule of Law

2010 ◽  
Vol 14 (1-2) ◽  
pp. 184-212 ◽  
Author(s):  
Claire Morris
Keyword(s):  
Rule Of Law ◽  
Organized Crime ◽  
Sexual Exploitation ◽  
Peace Building ◽  
Situational Analysis ◽  
Gender Based Violence ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Women And Girls ◽  
Gender Based

The article discusses the exploitation of women and girls by peacekeepers and its effect on efforts to establish the rule of law in a post-conflict situation. It provides a situational analysis of the problem, examining the issue from rights-based, stabilization, and organized crime perspectives. It considers the rule of law mandate of modern peace-building operations, including the ability of peacekeepers to help combat trafficking and the sexual exploitation of women and girls. It proposes a solution to tackling gender-based violence, trafficking and exploitation in the establishment of the rule of law through accountability and domestic capacity-building. The work of committed peace-builders is critical to achieving this goal.

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