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Failures in complaint make criminal prosecution against foreigners accused of money laundering

10/10/2019

The Brazilian Federal Supreme Court's (STF) Justice Rosa Weber granted Habeas Corpus (HC) 163612 to close a federal lawsuit in Bahia against two Danes and one Dutch resident in Brazil accused of money laundering. The Justice noted that the complaint of the Federal Prosecutor (MPF) has flaws and omissions, as it does not describe, specifically, the crime allegedly committed abroad and prior to the laundering.

Failures and omissions

In her decision, Justice Rosa Weber explained that Article 41 of the Code of Criminal Procedure sets as an essential requirement of the complaint "the statement of the fact, with all its circumstances." In this case, the MPF (Fedral Public Prosecution) relied particularly on a 2001 document that would prove evidence of previous crimes (evasion of currency and offenses against public administration) in Denmark. However, the practice, according to the accusation, would have extended until 2010. As noted by the Justice, no further concrete element was presented about the development of this investigation.

The rapporteur explained that the complaint should contain a description of the offenses, as it is the criminal conduct from which the values of the money laundering crime derive from. However, she noted that the complaint deals with imputations in a generic way.

RP / CR // VP - CG/FB/GL

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