Criminal liability Proceeds of crime
Article 1 defines and criminalises the offense of money laundering. The definition under this provision is expansive, clarifying that the concealment or disguising of the nature, source, location, disposition, movement or ownership of assets obtained, directly or indirectly, from criminal activities constitutes an offence of money laundering.
Article 1. To conceal or disguise the nature, source, location, disposition, movement or ownership of property, rights or values obtained, directly or indirectly, from criminal activities.
Penalty: Imprisonment from 3 (three) to 10 (ten) years and fine.
§ 1 The same penalty is applicable to whom hides or disguises the use of assets, rights and valuables resulting from a criminal offense:
I – converting it into licit assets;
II – acquiring, receiving, exchanging, trading, giving or receiving as guarantee, keeping on deposit, moving or transferring it;
III – importing or exporting goods that do not correspond to their true value.
§ 2 Also incurs in the same penalty who:
I – uses, on economic or financial activity, assets, rights and valuables resulting from a criminal offense;
II – take part of a group, association or office knowing that their primary or secondary activity is directed to the practice of the crimes provided herein.
§ 4 The penalty shall be increased by one to two thirds if the crimes defined in this Law are committed repeatedly or through a criminal organization.
§ 5 The judgement can be reduced by one to two thirds and be fulfilled in the open or semi-open regime, provided that the judge fails to apply it or replace it at any time with a penalty of restriction of rights, if the author, coauthor or participant volunteerly cooperates with the authorities, giving explanations that lead to the investigation of criminal offenses, the identification of authors, co-authors and participants, or the location of the property, rights or valuables of the crime.
Law / 3 March 1998 / Brazil / Law No. 9.613
Law No. 9.613 addresses the crimes of money laundering or concealment of assets, rights, and valuables; the measures designed to prevent the misuse of the financial system for illicit conducts; and creates the Council for Financial Activities Control (COAF).
Law No. 9.613 was amended by Law No. 12.683 of July 9th, 2012, which altered the regulation to facilitate the prosecution of money laundering crimes.