The limits of the criminal responsibility of Compliance Officer in laundering crimes: the (im) possibility of condemnation for failure to comply with the duty to communicate suspicious operations

Abstract

Regulatory compliance programs were created within the scope of large corporations to prevent risks and damages. In this context, the Compliance Officer has the duty to report suspicious money laundering transactions. This paper aims to assess the limits of criminal liability for the non-observance of this duty. Thus, it was analyzed when the Compliance Programs emerged, how and for which purpose they were structured. Bibliographic research was used as methodology, evaluating the normative study at the international level, from the European Union, Portugal and Brazil, as well as the specialized doctrine. Although in brief notes some aspects of the juridical-penal dogmatics pertinent to the improper omission crimes were appraised. The bibliographic references studied shows that the criminal responsibility of the Compliance Officer for non-observance of the duty to report suspected money laundering operations is not automatic, although possible.