RECKLESSNESS IN MONEY LAUNDERING OFFENCES AND FINANCING OF TERRORISM

The particularities of the reckless envisaged for money laundering and terrorist financing offences, in particular their nature of common or special crimes and problems of authorship, are analysed. European rules allow Member States to criminalize these reckless conducts, when "the offender suspected or ought to have known that the property was derived from criminal activity". However, criminalization is not mandatory, so the decision depends on the domestic legislation of each Member State. The criminalization of these conducts, which should return to administrative sanctioning law, is questioned.