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2015 | 7(2) | 185-204

Article title

Evaluation of the Recommended Changes in the Scope of the Criminalization of Money Laundering — a Comparative Law Approach

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The paper concerns the scope of the criminalization of the offence of money laundering in the criminal law systemsof three selected countries: Germany, Switzerland and the UK. Its intention is to make some comparisons with the proposalof the Criminal Law Codification Committee of the Polish Parliament, which is very radical in respect of this. The authors criticallyaddress this proposal. In their summary they state that the direction of Committee’s proposal take Polish legislation back 14 years.It does not take into account the contemporary forms of money laundering nor the way this phenomenon is being criminalizedin selected European countries. It must be emphasized that the changes recommended by the Criminal Law Codification Committeewill not enter into force. Nevertheless, they indicate the direction of the amendments intended by its members. The effect of theirwork is not satisfactory because it would not improve the effectiveness of prosecution of perpetrators of money laundering. However,the attempt to depart from the casuistic and extensive aspect of the offence as to the deed, which has caused many interpretationproblems, must be appreciated. This change would be in line with the trend of the amendments that have been adopted so farin Art. 299 of the PC, after the entry into force of the Penal Code of 1997.





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