Illicit Income Legalization ― Analysis of Judicial Practice of Georgia
Keywords:
Illicit income, legalization, predicative crime, organized crime.Abstract
Legalization of illicit income is a type of transnational crime, with many questions relating to the doctrine as well as a court practice remaining unaddressed.
For example, there is still no common opinion on whether to consider the subject of a previous (predicative) crime as its perpetrator; If it is to be considered, whether it refers to any action envisaged under the objective aspect of Article 194 of the Criminal Code of Georgia (hereinafter: CC).
As for the judicial practice, it is still unclear how the legalization of illicit income differs from the crimes against the property, which constitutes group of the most common previous (predicative) crimes of acquisition of "dirty" money; or whether spending of funds possessed as a result of a previous crime (e.g. the fraud) by the offender for his/her personal intent, can be qualified as legalization of illicit income (Article 194 of CCG) and etc.
The objective of the present article is to answer the questions raised in the judicial practice, within the format of the article.
The article answers, shows, how to separate, differentiate money laundering from crimes, that are committed against property (Property Crimes). Also, who is the subject of this (Money Laundering) crime
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