Nusikalstamų veikų, susijusių su nusikalstamu būdu įgytų pinigų ar turto legalizavimu, kriminalistinė charakteristika

Abstract

Laundering as a phenomenon, in a sense of criminal science, can be understood as a process involving a series of stages or phases, a number of successive steps of legalization acts which are masked by specific financial operations or transactions intended to introduce (infuse) the funds obtained in a criminal way to normal economic circuit to give them a legitimate origin necessary for the offender to use the income obtained in a criminal way in the legal circulation and obtain incomes out of it. Traditionally, money laundering is complex, dynamic and, usually, a long process; therefore, it is divided into three phases in the theory. In the first phase (distribution phase), the distribution of illegal income to the financial institutions is performed. In the second phase (rearrangement phase), financial operations designed to hide the criminal origin of income is performed. In the third phase (consolidation phase), the "cleaned" capital returns to the offender in the form of money, property or property rights. The basic elements of criminal characteristics of acts of legalization of money or property obtained in a criminal way are the following: direct attack matter (the subject), the criminal entities; physical activity of criminal entities; mental activities of entities in legalization; crime scene; crime time; facts and consequences of the criminal act; criminal act‘s comprehensive danger and hostility to the law. Distinguishing of elements of criminal characteristics helps to identify the criminal features of the abovementioned phenomenon and facilitates the determination and investigation of such acts.