Laundering acts & Consumption acts a necessary differentiation from the Spanish experience in the context of Odebrecth-OAS campaign contributions in Peru

Abstract

In the conventional and Spanish jurisdiction there is an expansive culture of the crime of money laundering. In the Peruvian case, since its genesis there was an antagonistic development between a restrictive and expansive profile, the latter being the one that ended up prevailing.
In the Spanish jurisdiction, the expansive profile has generated a series of problems, which is why an interpretive movement of Spanish doctrine and jurisprudence has emerged that seeks the substantive limitation of such expansionist culture.
Thus, two different concepts emerge: acts of money laundering and acts of consumption.
In light of this differentiation, the author will analyze whether the operations of transferring campaign contributions from Odebrecht and OAS to political parties, activities such as ‘raffles’ or ‘coteles’ and the ‘smurfing’ technique, constitute or not as acts of money laundering.