Money laundering lawyers in Barcelona

The crime of money laundering is regulated in articles 301 to 304 of the Criminal Code. This is a multi-offensive crime that protects both the socioeconomic order and the proper functioning of the administration of justice.

As a firm comprised of lawyers specializing in money laundering in Barcelona , we must remember that the prevention and prosecution of money laundering is a subject that is regulated both nationally and internationally, and is constantly being updated and reviewed.

Money laundering encompasses conduct intended to conceal the criminal origin of certain capital by introducing it into ordinary economic transactions, thereby allowing individuals to freely enjoy the economic benefits generated by a crime.

In money laundering, there is always a prior crime (known as a predicate offense) through which profits are obtained. It is precisely the objective of taking advantage of such profits that gives rise to money laundering, as a mechanism to disguise the criminal origin of the money or assets derived from crime and to introduce them into economic transactions by pretending they come from legal activities.

Money laundering is defined in Article 301 of the Criminal Code , which penalizes a multitude of conduct of varying severity.

On the one hand, Article 301 of the Criminal Code penalizes the acquisition, possession, use, conversion, or transfer of assets derived from criminal activity, provided that this is done with knowledge of their criminal origin and with the purpose of concealing or covering up the illicit origin of the profits. It also penalizes any act intended to conceal or cover up the illicit origin of the assets or to help the person who has committed a crime evade the legal consequences of their actions.

On the other hand, Article 301.2 of the Criminal Code punishes concealing or covering up the true nature, origin, location, destination, movement, or rights over property or its ownership, even if one knows that it is the result of a crime.

The penalty for both cases is imprisonment from 6 months to 6 years and a fine of one to three times the value of the assets .

Money laundering is punishable by a higher penalty when the assets or money intended to be laundered come from certain crimes, such as drug trafficking, corruption, or criminal organizations. In these cases, the penalty is half the higher.

Yes, it is possible to commit money laundering through negligence . This is provided for in Article 301.3 of the Penal Code. However, for these acts to constitute a crime, the negligence must be serious, meaning the neglect of the most basic rules of foresight and caution.

In these cases, a prison sentence of 6 months to 2 years and a fine of one to three times the maximum is imposed.

Self-laundering is the laundering of proceeds from a criminal activity committed by the launderer himself. In other words, the person who commits the predicate crime is the same person who launders the assets or money resulting from that crime.

This form of money laundering is also punishable by the Criminal Code. However, the mere possession of the proceeds of a crime by the perpetrator is not punishable, nor is the use of the proceeds of a crime to pay ordinary expenses. It is always required that the conduct described in Article 301 of the Criminal Code be carried out for a specific purpose: to conceal or cover up the illicit origin of the proceeds.