Rahanpesijän tietoisuus varojen laittomasta alkuperästä tahallisuusvaatimuksena

Abstract

This article discusses a money launderer’s awareness of the illegal origin of property as a requirement of intent. The aim of the research is to find out what is required for fulfilling the requirement of intent. A money launderer’s awareness of the illegal origin of property has been assessed in this article from the perspectives of theory and earlier legal practice. The object of intent in money laundering is the property’s illegal origin, to which the intent of the perpetrator must extend at the time of the act. The requirement of intent is fulfilled when the perpetrator perceives the illegal origin of the property to be a more likely alternative than its noncriminal origin. However, in some situations intent can also be based on negligence of the duty to investigate, even if the perpetrator had not perceived the property to be criminally obtained with a more than 50% certainty. The duty to investigate leads to a punishment for an intentional act especially in situations where the perpetrator, in order to avoid criminal liability, has not attempted to ascertain the origin of the property to a sufficient degree. In practice, the fulfillment of the requirement of intent is based on the circumstances of the act, which means that the factors to be considered depend on each case.