Open AccessPrzeciw praniu pieniędzy w coraz bardziej cyfrowym świecie – prawo polskie a reżim V i VI AMLD
Author(s) -
Maksymilian Michał Kuźmicz
Publication year - 2021
Publication title -
studia prawnoustrojowe
Language(s) - English
Resource type - Journals
eISSN - 2720-7056
pISSN - 1644-0412
DOI - 10.31648/sp.6634
Subject(s) - money laundering , legislation , business , context (archaeology) , order (exchange) , criminal code , scope (computer science) , law , virtual currency , criminal law , currency , financial system , political science , finance , economics , computer science , programming language , paleontology , monetary economics , biology
The article deals with the anti-money laundering (AML) law in the context of current socio-economic changes, especially digitalisation. Firstly, the EU AML system is characterised. It consists of regulations concerning financial sector security, monitoring of transactions, ensuring traceability of resources (5th AMLD), and a limited harmonisation in the area of criminal law (6th AMLD). Secondly, the Polish AML legislation, mostly the AML bill of 2018, the penal code, and the code of criminal procedures, is reviewed in order to access its coherence with the European law. In conclusion, the EU law is implemented by Poland, especially when it comes to the definition of money laundering. However, there are two significant differences. Polish definition of the virtual currency is much more strict, which exclude from the scope of AML law multiple instruments. The second one is the set of entities obliged to disclose beneficial owners. EU AML rules require all legal entities to comply with that duty when in Poland it is limited only to companies not owned by the state, which increase the risk om money laundering.