Examinando por Materia "Financiamiento de la proliferación de armas de destrucción masiva"

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    Los criptoactivos como objeto de delito y su necesidad de regulación para restaurar la seguridad jurídica y la sociabilidad económica
    (Universidad EAFIT, 2022) Castrillón Peña, Valentina; Mora Gómez, Julián
    The present work has the purpose of analyzing the possible creation of a legal matrix or a legal framework regarding the use of cryptocurrencies in Colombia. Given the growing importance and recognition that these currencies have received over the time, the place where it stands nowadays, the undeniable immersion in the financial world and the large amount of transactions happening, it is necessary to identify the important elements and the possibility of including them in the colombian legal system, likewise, with the aim of reducing or, at least, controlling, the implications of these virtual currencies in the commission of crimes like money laundering and financing of terrorism. This research work is structured in five chapters: in the first one, the general aspects of cryptocurrencies are presented, the second chapter refers to the performance of cryptocurrencies in the market, where there is a description of all the important elements needed to understand, first hand, the delicate points that integrate all this operations; third chapter includes the national legal system and international regulations associated with cryptocurrencies and their management and control, with the purpose of identifying those practices that are implemented in other countries and suitable with the colombian legal system; in chapter four, the main crimes that are committed in the present are exposed; last, the particularities of the Anti-Money Laundering and Counter Terrorism Financing Risk Management System are explored, and finally, there is an explanation of the ideas that must be taken into account when creating a regulatory framework to regulate and control the transaccions and the management of cryptocurrencies, and prevents their use in the commission of crimes. As a result of the above, and in the development of this topic, we finally present a set of big conclusions and recommendations that can be used as a guide for the substantial transformation of this topic that is becoming a problematic subject in terms of economic, social, cultural, and especially legal order, in reason of the interest that we are involved in based on our legal knowledge and formation. In the dynamic that is corresponded to degree works, investigative projects and development plans, the present work represents a preamble of interdisciplinary nature to the boarding of this topic with such a strong context in the society nowadays and geopolitics; given that it is now a reality and a problem of the cosmovision that we are merged in, with special attention of the legal frame that we are professionally demarcated in.