Defining and Registering Criminal Offences and Measures - Oapen

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4. Additional questionnaire and evaluation
Money laundering
In the additional questionnaire, there were different parts on money laundering.
For all elements of the standard definition it featured the question on separate
identifiability in criminal law. That section had the following structure:
Money laundering: specific financial transactions to conceal the identity, source, and/or
destination of money or non-monetary property deriving from criminal activities
Please indicate whether these items
are separately identifiable in criminal
law:
Yes No Remarks
Include the following:
receiving and handling illegally obtained (but not
stolen) non-monetary property
attempts
Exclude the following:
receiving/handling stolen property
violations of the ‘know-your-customer’ rule
(i.e. negligence in identification of customer’s
identity or origin of funds)
The questionnaire also featured the tables on suspicious transactions and other
specific money laundering issues dropped after the trial phase (see above).
As table H.6 shows (and as fits into the assumptions made above on the relationship
between money laundering and receiving / handling stolen property or
property deriving from other property crimes), both “receiving/handling illegaly
obtained non-monetary (but not stolen) property” and “receiving/handling stolen
property” are separately identifiable in criminal law of most countries.
Attempts of money laundering are also separately identifiable in criminal law
of most countries. Violations of the “Know-your-customer” rule are, on the other
hand, not separately identifiable in most responding countries. This will be due to
the fact that these violations are not considered criminal offences in most responding
countries, although they might lead to a suspicion of money laundering
activity.
Table H.7 shows the results of the evaluation of table A.1.1 – A.1.3 of the additional
questionnaire, which were identical to the tables 1.3.1 – 1.3.3 of the trial
version as reprinted above (section H.2). Data on money laundering are usually
not obtainable by the criminal nature of property laundered or by the amount. On
the other hand, basic information on suspicious transactions and the outcome of
such cases is available for all responding EU and EEA/EFTA countries, at least
data on reported suspicious transactions and on the number of cases passed to the
law enforcement agencies. Most countries are also able to provide the number of