The crime of self-laundering in the Penal Code

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The reform of the Penal Code introduced by Organic Law 5/2010, of June 22, incorporated the express classification of the crime of self-laundering. In this way, the doubt was put to rest as to whether the same person responsible for the crime from which the assets to be laundered could commit a money laundering crime could be committed. We can help you At Dexia Abogados we are lawyers specializing in money laundering . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What does the crime of self-laundering consist of? The crime of self-laundering is contemplated in article 301.1 of the Penal Code. In turn, this is included in Chapter XIV (On the reception and money laundering ) of Title The crime of self-laundering is committed by the individual who launders assets from a crime that he himself has committed. That is, it is a crime in which the active subject is the same person who committed the previous illicit activity constituting a money laundering crime.

Article 301.1 of the Penal Code contemplates both money laundering (in which there is one subject who commits a crime from which the laundered assets come and another who launders them) and self-laundering. Both options are possible through the formula: “committed by him or by any third person.” To know what are the typical behaviors of the crime of self-laundering, we must adhere to the wording of DM Databases article 301.1 of the Penal Code: 1. Whoever acquires, possesses, uses, converts, or transmits property, knowing that these have their origin in a criminal activity, committed by him or by any third person, or performs any other act to hide or conceal its illicit origin, or to help the person who has participated in the violation or violations to avoid the legal consequences of their actions (...). Article 301.1 of the Penal Code It is understood that in the case of self-laundering the crime cannot consist of "acquiring", since the subject who commits the previous crime and the person who launders coincide in the same person.



On the other hand, the behaviors provided for in article 301.2 are also included: 2. The same penalties will be imposed, depending on the case, on the concealment or concealment of the true nature, origin, location, destination, movement or rights over the goods or property thereof, knowing that they come from any of the crimes. expressed in the previous section or an act of participation in them. Article 301.2 of the Penal Code What is the penalty for the crime of self-laundering? The penalty established for the crime of self-laundering is imprisonment of 6 months to 6 years and a fine of one to three times the value of the assets. Furthermore, taking into account the seriousness of the fact and the personal circumstances of the offender, the judge or court may: Impose the penalty of special disqualification from the exercise of their profession or industry for a period of 1 to 3 years. Agree on the measure of temporary or permanent closure of the establishment or premises.