Self-Money Laundering. A Critical Comparative and Transnational Approach to the Criminalisation Process in Italy, U.K and U.S.A

      Аннотация: The purpose of this book is to discuss, contrast and evaluate from a comparative and transnational perspective the anti-self-money-laundering legislative approaches in three different jurisdictions: the United States of America (USA), the United Kingdom (UK), and Italy. The analysis puts forward that even if the criminalisation of self?laundering in Italy could be beneficial to better protect certain paramount economic areas (such as the financial services industry), the indiscriminate approach held in the US cannot be upheld in point of fairness and reasonableness. In fact, that approach may subvert basic criminal and constitutional guarantees and disrupt any systematic attempt to unveil the protected interests beyond the laundering offences. In other words, a balance needs to be sought in the criminalisation process to guarantee a deeper protection to the legitimate economy without posing a heavier criminal burden on inoffensive post?crime conducts. The UK approach to self?laundering could be a perfect example in these regards, if the case for a legal transplant has to be maintained.

Ключевые слова: self-money laundering, money laundering, criminalisation process, transnational comparative law