Self money laundering proceedings of a former condemned crime

The Case Law has not been unambiguous:

    1) The crime of money laundering is an autonomous offense which defines and describes a different and specific behavior. You are faced with two offenses together in real competition, and not to a form of absorption. The coincidence of authors in the fund generating activity and in the money laundering is an obvious real contest and not a mode of absorption of one behavior by the other.

    

    Both  behaviors acquire autonomous criminological relevance and allow the joint consideration  as a sum of criminal activities. Both activities have a different nature and affect to different legal interests.

    2) Other times the Case Law has understood that any crime in general (especially crimes against property and public health) imply a vocation of economic exploitation, and the double punishment is not possible to the extent that enjoying the illegal profits  is part of the structure the former crime. Therefore the punishment on the initial offense includes the laundering, so that further punishment would infringe the principle of non bis in idem (no double penalty for the same crime).

    

    Transforming the proceeds of a crime for which you have been found guilty must be considered as part of that crime, since otherwise the same assets would be subject to a double criminal punishment.

    

    There must be a complete identity between the authorship of the former crime and the money laundering. When wealth is generated through a permanent illegal behavior, this heritage of illicit origin is disconnected to an specific crime. In this case, the double punishment is appropriate.

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