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Detecting Money Laundering Individuals
In accordance with Decree (4) of 2001 Concerning the Prohibition of and Combating Money Laundering, Any person commits any of the following acts and is required to prove that the source of the money is lawful shall be considered a perpetrator of money laundering:
- Conducting any process related to the Proceed of Crime, with the knowledge or belief, or what causes to believe, that such proceed was acquired from a criminal activity or from any act considered to be associated with a criminal activity.
- Hiding the nature, source, location, method of disposal, movement or ownership of the Proceed of Crime or any right related thereto, with the knowledge or belief, or what causes to believe, that such proceed was acquired from a criminal activity or from any act considered to be associated with a criminal activity.
- Acquiring, receiving or transferring the Proceed of Crime with the knowledge or belief, or what causes to believe, that such proceed was acquired from a criminal activity or from any act considered to be associated with a criminal activity.
- Keeping or possessing the Proceed of Crime with the knowledge or belief, or what causes to believe, that such proceed was acquired from a criminal activity or from any act considered to be associated with a criminal activity
Who will be a partner in the crime of money laundering?
Any person commits any of the following acts shall be considered a partner in the crime of money laundering:
- Destroying, stealing, hiding or forging any document that would facilitate the detection of the crime or the perpetrators thereof.
- Being aware of the perpetrator’s intention and providing them with facilitations or information to help them with hiding their crime or enable them to run away
What actions must be taken in the proof of a crime?
The Implementing Unit may, if it has the evidence that a person has committed, attempted to commit or participated in the commitment of a money laundering crime, cause an order to be issued by the investigation judge regarding the implementation of any of the following procedures:
- Binding the accused person or any other person, whether a natural person or a corporate, to submit any documents, records or papers or provide any information that would be of benefit for the investigation.
- Accessing public or private places for the seizure of any items, documents or records that would be of benefit for the investigation.
- Reserving and preventing disposal of any money subject to seizure as per the provisions of this Law.
- Prohibiting the transfer of such money.
The Implementing Unit may, in case it is in doubt that the crime-related money might be disposed of, issue an order to reserve such money, presenting that order to the investigation judge within three days from the issuance date of that order. Each concerned party may grieve to the competent court against any of the orders referred to in the preceding paragraph within fifteen days from the issuance date of the order. The court’s decision on the grievance shall be final until the subject matter of the criminal lawsuit is decided upon or until the criminal lawsuit is disposed of.
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