RESTRICTIONS AGAINST FAIR TRIAL GUARANTEES IN THE LIGHT OF SECURITY- ORIENTED APPROACH TO MONEY LAUNDERING

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SHAMLU BAGHER; MORDI MAJID

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Journal: THE JUDICIARY’S LAW JOURNAL Year:2013 | Volume:77 | Issue:81 Page(s): 111-159

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Title

RESTRICTIONS AGAINST FAIR TRIAL GUARANTEES IN THE LIGHT OF SECURITY- ORIENTED APPROACH TO MONEY LAUNDERING

Author(s)

SHAMLU BAGHER | MORDI MAJID | Issue Writer Certificate

Keywords

PRESUMPTION OF INNOCENCEQ2

SECURITYQ2

ORIENTED POLICYQ1

MONEY LAUNDERINGQ2

REVERSE BURDEN OF PROOF (REVERSE ONUS)Q2

FACILITATING GAIN OF EVIDENCEQ2

BREACH OF THE PRINCIPLE OF BANK SECRECY (PRIVACY)Q2

Abstract

Birth of paradigm and model of SECURITY-oriented policy in the realm of liberal criminal law after September 11, 2001, radicalism and populism about the necessity of SECURITY- oriented policies have resulted in rise of restrictions against fair- trial guarantees in some cases of delinquency and criminals. This SECURITY- oriented approach of “non-totalitarian states” to the crime the penetration of the minds and eyes of many criminal policy makers claiming democracy has changed their dominant approaches. This shift, certainly, does not intend the disenfranchisement of legitimate rights and freedoms of citizens. It happens sometimes referring to the justification of maintaining the public order and territorial and Trans territorial SECURITY of community, and in the other words, by resorting to sort of paternal pragmatism; and sometimes, beneath the mask of such arguments In the light of the increasing rise in crime rates and booming organization of crimes both at the national and international levels as well as the birth of new forms of criminality all over the world the significance if SECURITY at both domestic and international levels has increased which has caused changes in mind of the drafters of international instruments such as the Vienna, Merida , Palermo Convention. The present article examines Considerations on the problem of SECURITY- oriented approach and its spread over one of the new forms of criminal action i.e. MONEY LAUNDERING- particularly in the organized form - studying its consequent restrictions over the fair trial guarantees such as reverse burden of proof in the light of SECURITY – oriented Criminal policy.

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APA: Copy

SHAMLU, BAGHER, & MORDI, MAJID. (2013). RESTRICTIONS AGAINST FAIR TRIAL GUARANTEES IN THE LIGHT OF SECURITY- ORIENTED APPROACH TO MONEY LAUNDERING. THE JUDICIARY’S LAW JOURNAL, 77(81), 111-159. SID. https://sid.ir/paper/138035/en

Vancouver: Copy

SHAMLU BAGHER, MORDI MAJID. RESTRICTIONS AGAINST FAIR TRIAL GUARANTEES IN THE LIGHT OF SECURITY- ORIENTED APPROACH TO MONEY LAUNDERING. THE JUDICIARY’S LAW JOURNAL[Internet]. 2013;77(81):111-159. Available from: https://sid.ir/paper/138035/en

IEEE: Copy

BAGHER SHAMLU, and MAJID MORDI, “RESTRICTIONS AGAINST FAIR TRIAL GUARANTEES IN THE LIGHT OF SECURITY- ORIENTED APPROACH TO MONEY LAUNDERING,” THE JUDICIARY’S LAW JOURNAL, vol. 77, no. 81, pp. 111–159, 2013, [Online]. Available: https://sid.ir/paper/138035/en

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