Examinando por Materia "Central Bank Digital Currencies - CBDC"

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    Ítem
    Necesidades de cambio en el enfoque político criminal frente al delito de lavado de activos ante la entrada en vigor de una moneda digital del banco central de Colombia
    (Universidad EAFIT, 2023) Morrón Bonnett, Edward Joel; Arrieta Burgos, Enán
    Central bank digital currencies ("CBDCs") are one of the most ambitious economic projects of our century. While this concept branches out into a wide variety of possibilities, they ultimately converge in the same sense: an intangible asset that acts as a real unit of account paired with a legal tender and can be used as an instrument of exchange and store of value. In other words, a digital currency would be conceived to bring together some or most of the distinctive features of fiat money, to become a medium of exchange that coexists with cash, this being the perspective of leading countries such as the United States, Sweden, China, Nigeria and The Bahamas. However, little has been said about the impact that a digital currency would have on crimes that harm the economic and social order, such as money laundering. Money laundering is a criminal practice typified in article 323 of our Penal Code, which consists of giving the appearance of legality or concealing assets of illicit origin. This crime emerged in the legal panorama with the Vienna Convention of 1998 and received its autonomous character with Law 365 of 1997, which separated it from the crime of receiving (art. 447). Since then, this criminal offense has undergone six regulatory changes that have broadened its punitive spectrum, while our State has developed profuse strategies to prevent and combat it, with the support of executive branch agencies such as the Superintendencies, the Information and Financial Analysis Unit (UIAF) and the National Council for Economic and Social Policy (CONPES). These efforts have focused on issues such as: the adoption of compliance programs, institutional strengthening, training of competent public officials and the development of technological resources to facilitate the detection and investigation of the risks associated with money laundering. In this context, the effects of a digital currency on the political-criminal approach in the fight against money laundering were investigated, and it was concluded that the changes would be substantial, especially in the preventive area of self-regulation promoted by the Colombian State: a digital currency would be of great help in preventing this crime, given that it would enter the repertoire of tools used to identify acts of laundering, and would offer benefits in proportion to the degree of anonymity, since it could provide standardized information in real time to the authorities, greatly streamlining the control and monitoring work. Thus, the "digital weight" could instantly reveal the amount of the transfer, the identity of the sender and the recipient, the good or service purchased, the place where the payment was made, among other relevant data that are usually hidden through cash transactions or crypto-assets outside the central bank.