Parameters for interpreting to conceal and to disguise within the crime of money laundering

Abstract

This article aims to interpret the basic criminal type of money laundering, specifically with regard to the verbs conceal and dissimulate. It has been observed, in the national context, an increasing diffusion of the understanding that laundering, when practiced through concealment, would have the nature of a permanent crime. However, there are no clear criteria for determining with certainty which conducts are covered by concealment and which by disguise. Likewise, there is little development of the legal arguments that guide the current interpretations of this criminal type, which contributes to an inconsistent application. As a result, there is a scenario in which practically any money laundering conduct can be classified as concealment and, from there, almost automatically as a permanent realization of the criminal type, something inadmissible in view of the more serious consequences that this classification brings with it.