Comentarios acerca del lavado de activos y el delito previo, especial referencia al código orgánico integral penal

Abstract

The complexity of the crime of money laundering is evidenced not only in the wording of the criminal type chosen by the Ecuadorian legislator, but also the analysis extends to the figure of the previous crime as a constitutive element of the crime of money laundering. Due to the aforementioned, the objective of this investigation is to define the scope of the international regulations in the Ecuadorian criminal legal system, regarding the crime of money laundering and with emphasis on the guidelines of the previous crime, through the systematic and dogmatic analysis of the criminal regulations, to understand the nature and influence of this prior crime within criminal proceedings. Finally, it comes to the conclusion that the criminal type of money laundering, from a global perspective, highlights the importance that was given at first to be intimately rooted in serious crimes, especially drug trafficking, to later be considered an autonomous crime. Based on the analysis, the prior crime has a fundamental impact on the criminal offense of money laundering, although it is clearly visualized that the only reference or link that, in the Ecuadorian case, the legislator makes, is with the goods and its illegality, as emanates from the wording of the criminal type.