Extract
[...] The targeted device is money laundering of funds from primary crimes, which constitutes itself a secondary offense. Therefore, it is not not asked the subject entities to detect the initial offenses but only of to identify money laundering, that is to say, the concealment of profits from these offenses. Their mission is therefore centered on the pursuit of money laundering. The interest of this device lies in the the ability to trace secondary offenses back to primary offenses, thus allowing to trace back to the source of criminal networks. [...]
[...] Despite its existence for over 30 years, the anti-money laundering and terrorism financing device raises concerns interrogations regarding its effectiveness. The the persistence of organized crime phenomena, and the observation of the increased profitability of drug trafficking and human trafficking, pose questions. If these devices lead to significant attacks on individual freedoms, we might wait for tangible results. Tracfin, for its part, continue to process tax and social suspicion declarations but does not seem to demonstrate marked efficiency on the rest of the targeted offenses. [...]
[...] Anti-Money Laundering and Terrorism Financing Devices I. New Measures The devices of fight against money laundering and terrorism financing (AML-CFT) existing for many years, and we are currently at the fifth directive. A new package measures in this field are planned for will come into effect in 2027: - Until now, the framework of this device relied exclusively on [...]
[...] Thus, even if the money is first in liquid form, it must inevitably be introduced into the official banking system to be laundered. The bank account can thus constitute a instrument of money laundering or represent the final stage of the process. There are indeed several methods of capital laundering, and the banks are on the front line to detect suspicious or abnormal movements, and potentially illicit, based on various indices. In addition to banks, other professionals, such as notaries, are also concerned. For example, the notaries intervene in real estate transactions, where they can observe unusual financial arrangements. [...]
[...] Originally, this regulatory framework targeted specifically the organised crime, notably the drug trafficking, the human trafficking, the financing of terrorism, and the corruption. Progressively, the device has been expanded to include 'less serious' offenses, such as the social fraud, the tax fraud, as well as other offenses punishable by one year of imprisonment such as the swindle, the abuse of trust, and the recel. Social and fiscal frauds, appear today at the center of concerns. The anti-money laundering and terrorism financing devices bear infringement of individual freedoms. [...]
