The present paper aims to provide a comprehensive yet critical overview of current Brazilian legislation on money-laundering prevention and control. Given that stripping criminals of their illegal profits has for a long time been considered one of the most important measures in the fight against international and organized crime, a part of this paper explores the legal mechanisms that allow for this to take place as a consequence of crime and, especially, in connection with money laundering in the context of the Brazilian criminal justice system.

This article analyzes the relationship between corruption offenses and money laundering with reference to the Spanish Penal Code. These two criminal categories lack a certain definition, as there is no such univocal concept of “political corruption” and “money laundering.” The reasons for the denaturation of these criminal figures will be addressed. Then, the paper will expose how these criminal figures relate to each other. We argue that a real concurrence between both figures is possible, although it may lead, in certain cases, to double incrimination and its consequent punitive excess. Therefore, we will propose some criteria for a restrictive interpretation of “money laundering” to avoid confusion with other legal figures such as “confiscation.” The paper will end with reference to the Spanish Criminal Code’s regulation on “confiscation” and a brief review of the main critics.