Facts
The Federal Court has rendered a judgment in a money laundering case. The facts are as follows: the defendant and the accused were found guilty of drug trafficking and were sentenced to suspended prison terms. The accused deposited sums of money from drug trafficking into her personal bank account, which was also used for her usual private payments. The Public Prosecutor's Office appealed against the acquittal of the defendants for money laundering.
The Federal Court examined the question of whether the author of the crime generating the money can also be considered a money launderer. It also examined whether the simple deposit of sums of money into a personal bank account can be considered an act of money laundering.
Considerations
The Federal Court considered that the author of the crime generating the money can also be a money launderer, as the text of article 305bis SCC does not contain any restriction in this regard. The Court also considered that the simple deposit of sums of money into a personal bank account, which is used for usual private payments, cannot objectively constitute an act of money laundering.
The Court examined the criteria for determining whether an act constitutes money laundering, in particular the question of whether the act is likely to hinder the access of the criminal authorities to the proceeds of a crime. It considered that the decision of the cantonal court, which acquitted the defendants for money laundering, was in accordance with federal law.
The Court also examined the applicable legal provisions, in particular articles 305bis SCC, 19a Ziff. 1 BGE 124 IV 274 S. 275, 277 BStP, 19 Ziff.1 Abs. 3-5 BetmG, 19…