Delitos económicos transnacionales y lavado de capitales en el derecho internacional penal y el ius puniendi del Estado mexicano

Abstract

In the last years, international law shows significant advances in its regulatory content and enforcement mechanisms to protect society and its assets through punitive devices and criminal institutes, which has given way to the consolidation of international criminal law in the public field, and criminal international law in the private. All of them, together, constitute a true legal regime of global reach to coordinate and effectively deal with the new criminal actors and transnational criminal types so common today. On the other hand, in mexican criminal law, legislative mechanisms are available to punish economic crimes, at the national and transnational levels, as in the case of money laundering, which is contemplated in articles 400 Bis of the Federal Criminal Code, 115 bis of the Fiscal Code of the Federation, 9 of the Customs Law and the Income Tax Law, in addition to other substantive legal mechanisms. However, these and other legal attempts and actions undertaken by specialized government institutions to prevent and eradicate transnational economic and financial crimes are insufficient in the face of a problem of great size and roots in the country, with extensive effects on all aspects of national life.