The imputation and the crime of money laundering: : a critical study on the viability of the accusation

• Autor(a) principal: Mattos, Pedro Henrique
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Direito Processual Penal (Online)
• Texto Completo: https://revista.ibraspp.com.br/RBDPP/article/view/553
• topic: fato processual; fato penal; standard de prova; denúncia; lavagem de capitais; complaint; procedural fact; criminal fact; standard of proof; Money Laudering

This article seeks to deeply analyze the crime imputation, especially in cases of money laundering. Given the complex nature of money laundering operations, it is possible to visualize the problems related to the insufficient description of the criminal conduct and lack of empirical evidence for the accusation. Therefore, the article is divided into two main themes: i) the importance of describing the criminal conduct and ii) the urgency in defining a standard of proof with logical and objective criteria to establish the formal beginning of the process. From the critical study of the national and foreign doctrine related to the subject, in addition to the analysis of precedents from the superior courts, it is demonstrated how the factual statement contained in the criminal charge must be described and what level of evidence (standard of proof) confers legitimacy to the process. The judicial decision to receive the complaint is an important barrier against unfounded accusations, and, thus, it must be duly motivated by the judge. In this context, the article proposes a legislative change capable of guaranteeing greater control and rationality for that decision, so the individual's submission to the criminal process can be fair and legitimate.