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Paper Information

Journal:   CRIMINAL LAW DOCTRINES   fall 2017-winter 2018 , Volume - , Number 14 ; Page(s) 173 To 199.

The Necessity of the Criminalization of Money Laundering Separated from the Predicate Offence

Author(s):  ZARNESHAN SHAHRAM, Shojaei Nasrabadi M.
although money laundering is of the secondary crimes, it has a specification (attribute) which distinguishes from these types of crimes. The independence of this crime from the primary crimes is a specific characteristic which is not in other secondary crimes and this characteristic changes the criminalization of money laundering to an effective strategy to combat organized crimes. It is difficult to unveil organized crimes because of being complex. From the other side, in the supposition of unveiling the crime, most of leaders of the organized crimes escape from the criminal justice, in the best circumstance, this justice deliver to the law ranking perpetrators. So, this inadequacy makes the criminal justice enforcers use the modern findings of the criminalization in order to criminalize a type of the secondary crimes which aims the main leaders and users of the offensive organizations without the necessity to explore and prove the predicate offence. if the conviction to this crime is dependent on proving the predicate crime, practically the goal of the modern criminalization of money laundering has not been observed. In this case, there will be no achievement except an infinite regress or sequence and the circularity. Because of defeating to explore the organized crimes which grow more complex, it has been turned to criminalize money laundering while the proof of money laundering depends on exploring that complicated crimes. Due to this, the observation of the philosophy governing the criminalization of money laundering only depends on establishing the characteristic of the independence of this crime from the predicate offence and this matter means to pass from the principle of innocent in the criminalization of money laundering.
Keyword(s): Money laundering,Organized crimes,Predicate offence,The costs and benefits of crime,Verification of Identity in property transactions,The principle of innocent
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