The Crime of Money Laundering in the Context of the Extraterritorial Regime Provided for in Art. 243 Para. (4) of the Criminal Code of the Republic of Moldova

Abstract

This paper examines money laundering with emphasis on the extraterritorial regime established by art. 243 para. (4) of the Criminal Code of the Republic of Moldova. Against the backdrop of intensifying cross-border financial crime, the national framework seeks to extend criminal jurisdiction to prevent impunity and strengthen anti-money laundering measures. The study compares domestic provisions with international instruments, including Directive (EU) 2018/1673, the UN Convention against Transnational Organized Crime, and the Council of Europe Warsaw Convention on laundering, confiscation, and terrorist financing. The objective is to assess whether the Moldovan regime adequately addresses transnational laundering schemes while ensuring compliance with international standards. Methodologically, the research combines doctrinal and comparative analysis of UNCAC, the Warsaw Convention, and EU Directive 2018/1673 with a detailed review of art. 11 and 243 of the Moldovan Criminal Code. A case study further tests theory against practice. Findings show broad alignment with UNCAC and the Warsaw Convention, and functional convergence with EU norms, despite Moldova’s non-member status. Nonetheless, gaps remain: uneven international assistance, uncertainties on predicate offences across jurisdictions, and risks of parallel proceedings. To mitigate such conflicts, the paper proposes a prioritization framework based on seriousness of effects, evidence location, and victim nationality. It also recommends clarifying legislative terms, enhancing asset recovery mechanisms, and integrating non bis in idem safeguards. The study concludes that art. 243 para. (4) is a proportionate instrument against transnational laundering, provided it is supported by robust cooperation and uniform interpretation. The proposals advance practical guidance for applying extraterritorial jurisdiction and increasing coherence, predictability, and efficiency in Moldova’s anti-money laundering framework. JEL: K14, K42, F55