La ambigüedad e inaplicabilidad del tipo penal de legitimación de ganancias ilícitas: Bolivia, 25 años de lucha imperfecta
The fight against money laundering, undertaken 25 years ago in Bolivia with the typification of the crime of "Legitimation of illicit profits" and the creation of the "Financial Investigations Unit" (FIU) by the Law 1768 of March 10, 1997, It has become a difficult problem for go...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2021
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8359987 |
| Source: | Revista de Derecho, Empresa y Sociedad (REDS), ISSN 2340-4647, Nº. 18-19, 2021, pags. 133-150 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The fight against money laundering, undertaken 25 years ago in Bolivia with the typification of the crime of "Legitimation of illicit profits" and the creation of the "Financial Investigations Unit" (FIU) by the Law 1768 of March 10, 1997, It has become a difficult problem for governments given that, on the one hand, the criminal type of legitimization of illicit profit sources is inapplicable due to the defect of having two guiding verbs that are "source and linked", understanding that money laundering money to be investigated and sanctioned, the origin of a predicate offense determined as serious crimes must be demonstrated, generating an interpretive and executory ambiguity of the Law, consequently the crime is not autonomous. Likewise, the Political Constitution of the State of 2009, gave it a delay of justice by incorporating Article 112 referring to procedural imprescriptibility and Article 123 to investigative retroactivity, in such a way that an investigation for corruption will never conclude, and at the same time, the past will be investigated until we do not know when, an issue that extends to the fight against money laundering whose predicate offense is corruption, but, with Law 004 on the Fight against Corruption of March 31, 2010, in practice it co-opt everything related to the crime of money laundering, leaving aside the money from drugs, among other serious crimes; in this way a frank failure to criminal treatment as an autonomous crime. |
|---|