The purpose of this thesis is to examine the elements of the crime of commercial money laundering, provided under section 7 of the Act (2014:307) on penalties for money laundering offences. According to the provision, commercial money laundering is committed by someone who, in the context of business operations or as part of activities that are conducted habitually or otherwise extensively, takes part in a measure that can reasonably be assumed to be taken for money laundering purposes. The wording of the provision means that participation in objectively suspicious transactions are criminalized. The offence targets a culpable risk-taking in regard to the specific measure. The crime of commercial money laundering was introduced in 2014 and is therefore a relatively new type of crime within Swedish criminal law. Due to new legislation and lack of Supreme Court judgements, it is yet uncertain how the provision should be applied. This study examines the elements of the provision, focusing on the requirements for an activity to be regarded as conducted habitually or otherwise extensively and the requirements for a measure to be considered reasonably assumed to be taken for money laundering purposes. Furthermore, the study examines how the provision has been applied by the courts. The purpose in this context have been to analyze the practice of the law in relation to the aims of the legislation and the principles of predictability and proportionality. The study shows that the wording of the provision is unclear and allows for extensive interpretations. In drafting the law, the legislature stated that the provision would have a narrow scope. However, the case study shows that the scope of the provision is very broad. In some aspects, the courts apply the provision inconsistently and the type of behaviors that have led to a criminal conviction under the provision are in some cases far from the situations described in the preparatory documents to the legislation.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:su-183479 |
| Date | January 2020 |
| Creators | Öhrn, Ingrid |
| Publisher | Stockholms universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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