“Money laundering may be defined as an act which (by its nature) is intended or has the effect of making it difficult for the authorities to ascertain the illegal origin of the property, respectively the real rights of the persons having such property in the respective sites.” (DECISION No 131/24 July 2012, criminal case No 427/2017, Supreme Court of Cassation)

“… the essential characteristic of money laundering defines it as an economic activity, with a view to concealing the criminal origin of the benefit of the ‘original crime’, or to operating it so as to be legally acquired and legalized in the economic , business and financial.” (DECISION No 148/21 October 2016, criminal case No 558/2016, Supreme Court of Cassation)

“… ‘money laundering’ is a criminal activity for the purpose of legalizing criminal assets and property intended and leading to the obstruction or at least making it difficult for the authorities to establish the illegal origin of the crime” (DECISION No 309/11 April 2018, criminal case No 1156/2017, Supreme Court of Cassation)

“… ‘money laundering’ is complicated activity, the crime being formal and deemed complete with the commission of the act without the necessity of a definite criminal result. It is sufficient to carry out some of the activities specified in the provisions of the law, for to bring criminal responsibility for the perpetrator. It should be established by only the connection between the object of the crime and the initial crime.” (DECISION No 12/19.03.2012, criminal case No 2229/2011, Supreme Court of Cassation)

“The subject of the crime under Art.253 of the CC, apart from money, can be any movable property, real estate and property and property rights or other rights thereto, acquired from a previous criminal or public danger activity, i. this act is a secondary crime.” (DECISION No 148/21 October 2016, criminal case No 558/2016, Supreme Court of Cassation)

“Money laundering is possible with active actions of the perpetrator only, which make it difficult for the authorities to identify the illegal origin of the property, respectively of the actual rights of persons over the criminalized property.” (DECISION No 450/22 February 2011, criminal case No 2110/2011, Supreme Court of Cassation)

It is settled in the legal theory and the court jurisprudence that money laundering is a formal crime and it is completed with the commission of the act without the need for a definite criminal result. The object of the crime is the lawful functioning of the country’s financial system. From an economic point of view, the financial system of a country is a set of relatively separate cash flows or financial relationships, and in institutional terms, a set of institutions that regulate, implement, manage and control financial relations.

There are two types of financial relations:

• fiscal financial relations, which cover the revenues and expenditures of the state (budget), and
• non-fiscal ones, expressing the revenues and expenditures of legal entities and individuals.

Both types of financial relationships can be a subject of money laundering.