الطبيعة القانونية والإجرامية لغسل الأموال "1-2"

Abstract

Money laundering activity is one of the criminal social phenomena that have spread widely in the last two decades, whether at the local, regional or international levels, different.

Money laundering in its modern sense is a criminal behavior committed by some people; For the purpose of concealing or disguising the source or reality of the funds obtained from a crime, to appear as if they were obtained from a legitimate source, and this behavior is the transfer, deposit, employment or investment of these funds, whether they are committed within one country or in several countries.

Money laundering in this concept has a special legal nature derived from the rules of legislation, as it appears from the legal characteristics that characterize this criminal activity, such as being an economic and intentional crime, an objectively independent crime and formally dependent, and also a temporary, continuous, and multi-stage crime, in addition to being one of the crimes Harm, and danger crimes.

Money laundering has a special criminal nature acquired from social reality, and this nature is revealed by those characteristics that characterize this criminal behavior, in terms of being considered as the most serious crime and the source of financing terrorism, as well as an organized crime with an international transnational dimension, in addition to being a crime in which it is used.

Various methods and modern technical means.

These characteristics that characterize money laundering, and reveal its legal and criminal nature, are the subject of this research.

Studying the various characteristics that constitute the legal and criminal nature of money laundering helps in revealing the reality of this nature that characterizes this activity, which enables us to adapt it legally in an accurate manner, and the knowledge of the gravity of its seriousness, and the risk degree of criminal of its perpetrators, as well as the extent of the damage that affects society because of it.

Also, revealing the legal and criminal nature of money laundering helps in taking the necessary measures to protect society from this dangerous criminal activity, identifying its causes and effects, apprehending its perpetrators, and determining appropriate, deterrent and fair penalties against them, as well as limiting economic and social damages that affect the individual, society and the state.

This is the cornerstone on which the process of combating this type of serious crime is built, especially legislative control, which reflects the importance of this research.

The research aims to achieve many things, the most important of which are: to accurately explain the legal and criminal nature of money laundering, and to reveal the extent of the seriousness of this criminal activity, the various damages it causes; In order for the competent authorities to confront it more effectively, as well as to reveal the legal implications of determining that nature of money laundering, in addition to identifying the legislative shortcomings related to this crime, especially in terms of its various characteristics that constitute its legal and criminal nature, and finding effective remedies for it.

The research resulted in a number of results and recommendations that we mentioned in its conclusion, which would contribute to the development of Yemeni criminal legislation, and the fight against money laundering crime in the society.