A incriminação do branqueamento em Portugal à luz do direito comunitário : a questão das vantagens licitamente adquiridas no estrangeiro

Abstract

The present paper focuses on money laundering in Portuguese and European criminal law. In regard to the recycling of property derived from predicate offences committed abroad not constituting illegal activity in the light of the lex loci, the Portuguese Criminal Code seems to present a solution wich is incompatible with the impositions of the Directive (EU) 2018/1673. This study will discuss the discrepancies between the two systems of law in the matter, giving particular attention to the recent transpostion of the aformentioned directive by the Portuguese Parliament, and will conclude that Portugal is not in violation of the European Union law.