I påföljdsvalets gråzon när svarta pengar blir vita - om bestämmande av straffvärde och påföljd för penningtvättsbrott

Sammanfattning: Due to new legislation and lack of case-law, it has been stated that the application of the law regarding sentencing and the assessment of the penal value for money laundering offences is unpredictable and uncertain. Given that the number of reported cases is constantly increasing, it is of utmost importance that the application of law is predictable and legally secure. Therefore, the purpose of this paper has been to clarify the legal position, and through the application of the principles of legal security and punishment, determine how the assessment of the penal value should be made. In addition, I have discussed whether these offenses should be considered as crimes for which there is a presumption for imprisonment. Furthermore, in order to fulfill the purpose of this paper, a comparison of cases has been necessary. In total, I have analyzed 14 decisions, 12 from the court of appeals and two from the Supreme Court. Based on the above-mentioned approach, I have arrived at the following conclusions. Firstly, I establish that the case-law is neither coherent nor uniform. Consequently, there has been no systematic approach to assess the penal value. However, for money laundering offences of the normal degree, it has been possible to establish a certain grade of systematic and consistency. Secondly, I have come to the conclusion that money laundering offences are not and should not be offences for which there should be a presumption for imprisonment. Nevertheless, given the severe nature of the offences, it should in a near feature be considered whether another solution should be allowed. Finally, I have decided that the assessment of the penal value for money laundering offence should, as a starting point, take place in the value of the property. In this respect, the guidelines set by the Supreme Court should particularly be considered. Sanctions shall, when the penal value corresponds to imprisonment for 12 months or more, be determined to imprisonment, otherwise to conditional sentence in conjunction with day fines.