Date of Defense
6-6-2024 11:00 AM
Location
College of Law Building/Students/Meeting Hall (1005)-the first floor
Document Type
Thesis Defense
College
College of Law
Department
Public Law
First Advisor
Prof. Jihad Abdulaziz
Keywords
Money Laundering Crime - Predicate Crime - Presumptive Condition.
Abstract
The crime of money laundering is closely linked to the crime from which the funds being laundered are obtained. There is no talk of money laundering without funds derived from an illicit source. Hence, the question arises about the nature of the original crime, and whether it includes every crime from which illicit funds arise, or whether the matter is limited to specific crimes, as the crime of money laundering is an affiliated crime in nature and its legal structure is not complete unless the original crime occurs. The federal legislator, in accordance with the second paragraph of Article 2 of Federal Decree Law No. (26) of 2021, amending some articles of Federal Decree Law No. 20 of 2018 regarding combating money laundering crimes and combating the financing of terrorism and financing illegal organizations, considered that “the crime of money laundering is considered a crime.” Independently”, and punishing the perpetrator of the original crime does not prevent from being punished for the crime of money laundering.” In this study, attention was paid to determining the extent of the independence of the crime of money laundering from the original crime as a presumptive condition, as well as the sources on which proof of the crime depends, the source of the funds is illegal, imposing a penalty for the original crime, and imposing a penalty for the crime of money laundering in deviance from the rule of applying the most severe punishment in the state of indivisible connection, and through this we wanted to clarify the validity of the rulings issued in acquittal and conviction in the original crime over the ruling in the crime of money laundering.
Included in
THE PREDICATE CRIME AS A PRESUMPTIVE CONDITION FOR THE CRIME OF MONEY
College of Law Building/Students/Meeting Hall (1005)-the first floor
The crime of money laundering is closely linked to the crime from which the funds being laundered are obtained. There is no talk of money laundering without funds derived from an illicit source. Hence, the question arises about the nature of the original crime, and whether it includes every crime from which illicit funds arise, or whether the matter is limited to specific crimes, as the crime of money laundering is an affiliated crime in nature and its legal structure is not complete unless the original crime occurs. The federal legislator, in accordance with the second paragraph of Article 2 of Federal Decree Law No. (26) of 2021, amending some articles of Federal Decree Law No. 20 of 2018 regarding combating money laundering crimes and combating the financing of terrorism and financing illegal organizations, considered that “the crime of money laundering is considered a crime.” Independently”, and punishing the perpetrator of the original crime does not prevent from being punished for the crime of money laundering.” In this study, attention was paid to determining the extent of the independence of the crime of money laundering from the original crime as a presumptive condition, as well as the sources on which proof of the crime depends, the source of the funds is illegal, imposing a penalty for the original crime, and imposing a penalty for the crime of money laundering in deviance from the rule of applying the most severe punishment in the state of indivisible connection, and through this we wanted to clarify the validity of the rulings issued in acquittal and conviction in the original crime over the ruling in the crime of money laundering.