The prevention of money laundering and the advocacy

Abstract

The legalization of proceeds of crime and the dificulty of identiication once they are integrated into the heritage of the active subject and become part of the legal trafic, has caused rules that impede the realization of the criminal conduct rules, Preventive standards. In this context, and as a consequence of the transposition of a European Directive, the irst Law on the prevention of money laundering was approved, aimed at those subjects who, through their professional activity, could facilitate money laundering. The following lines are framed in the study of the obligations imposed by the spanish legislation on the prevention of money laundering to the lawyer (Law 10/10, april 28), and their compatibility with the advocacy. Basically, we will analyze the respect of the law to one of the basic principles of the practice of the advocacy in Spanish law, professional secrecy, lawyer-client trust and, in what may also affect, respect for the right of defense (art. 24 CE).