Globális és nemzetközi kormányzás, nemzetközi jog, emberi jogok
Jog és bűnüldözés (világűr)
Jog, kriminológia, pönológia
Jogtudomány
Pénzügyi mechanizmusok
In this article, the authors argue that the Hungarian money
laundering legislation, in its current form, is a result of intensive
international and EU legislation and was highly influenced by soft
law. This extensively legislated crime was introduced into the
Hungarian Criminal Code in 1994 and has undergone numerous
amendments since then, primarily to comply with the
requirements of international and EU law. For a long time,
Hungary has not included money laundering as an independent
crime in the Hungarian Criminal Code. Meanwhile, money
laundering is considered a serious transnational criminal act, a
form of organised crime that found its way to international
instruments and the “European criminal law.” However, the
implementation of EU law in this manner has affected the
Hungarian criminal legislation in force and introduced new legal
instruments that were unknown in Hungarian law. These changes
resulted in proportionality and applicability issues in criminal law.
The central research aspects concern the effects of soft law
programmes of advisory and expert bodies of intergovernmental
organisations, with particular regard to the FATF
recommendations, the legislation of the European Union and the
international instruments enshrined in Hungarian criminal law.
The focus of this paper is broad, including international, EU and
national legislation, highlighting the countereffects of such
legislative regimes. Also, the authors aim to form a strong opinion
on the current money laundering legislation as a conclusion of the
article. The study highlights the interrelationships between
different levels of legislation in a specific regulatory issue of
criminal law, pointing out the difficulties in the application of the
law arising from the interlocking regulation.