Reckless Money Laundering: Some Reflections on Prevention Regulations and the Duty of Care*

Abstract

Article 301.3 of the Spanish Criminal Code punishes money laundering if the facts prove serious imprudence with the imprisonment of six months to two years and a fine triple the amount. This classification is controversial because of doubts surrounding typical scope which requires clarification of interpretation criteria regarding the duty of care required and the active subject. Although the violation of administrative regulations can serve as an orientation parameter, there is no automatism in this regard.