Facts

The case concerns an individual, [H.], who concealed money from drug trafficking in his apartment. The money, initially hidden on his balcony, was moved and concealed in his kitchen. Part of the money was used by H. The court of first instance convicted [H.] of money laundering to 24 months in prison. The court of appeal confirmed the conviction, but reduced the sentence to 20 months in prison. [H.] filed a nullity appeal, arguing that the money laundering law only applies to criminal organizations and not to individuals who conceal money from drug trafficking.

The key facts are as follows

  • [H.] concealed money from drug trafficking in his apartment.
  • The money was moved and concealed in his kitchen.
  • Part of the money was used by H.
  • The court of first instance convicted [H.] of money laundering.
  • The court of appeal confirmed the conviction, but reduced the sentence.

Considerations

The federal court examined the question of whether the money laundering law applies to individuals who conceal money from drug trafficking. The court considered that the money laundering law aims to prevent the concealment of the origin of assets from criminal activities, and that this law applies to all assets from crimes, and not only to those from criminal organizations.

The court also examined the question of whether concealing money from drug trafficking constitutes an act of money laundering. The court considered that concealing the money…