Unlawful Obtainment of Property in the light of Money Laundering Regulations

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ROSTAMI HADI

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Journal Paper

Paper Information

Journal: CRIMINAL LAW AND CRIMINOLOGY STUDIES Year:2020 | Volume:49 | Issue:2 Page(s): 397-417

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Information Journal Paper

Title

Unlawful Obtainment of Property in the light of Money Laundering Regulations

Author(s)

ROSTAMI HADI | Issue Writer Certificate

Keywords

Unlawful Obtainment of PropertyQ2

Money LaunderingQ1

Unlawful SourceQ1

Dubious AssetsQ1

Suspicion Close to CertaintyQ1

Abstract

Obtainment of property through unlawful means, which was criminalized in the Article 2 of the Act of Increasing the Severity of Punishment for Bribery, Embezzlement and Fraud in 1988, is again provided in the Anti-Money Laundering Amendment Act 2019. This Act, does not contravene the provisions of the above-mentioned Act, each of which is applicable in a particular situation. Unlawful Obtainment of Property in the first Act can only be committed by persons with special privileges. Article 2 of the Anti-Money Laundering Act also applies where there is a "Suspicion Close to Certainty" for unlawful obtainment and the legitimacy of the obtainment is not established as a criterion. In this case, the suspicion is reinforced that the property is most likely obtained through a criminal behavior, but the type of the criminal behavior is not specified for the judge. If it is proven that the property is obtained through a specific crime, the acquisition of such property is considered as Money Laundering and is not subject to the aforementioned provision. Charges of unlawful obtainment will not be admissible if it is established that the obtainment of property is not the result of a crime but the outcome of a civil violation. The provisions of Anti-Money Laundering Act include property which the source of its obtainment is in serious doubt. In this case, it is assumed that the money is obtained through the commission of a crime.

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APA: Copy

ROSTAMI, HADI. (2020). Unlawful Obtainment of Property in the light of Money Laundering Regulations. CRIMINAL LAW AND CRIMINOLOGY STUDIES, 49(2 ), 397-417. SID. https://sid.ir/paper/260732/en

Vancouver: Copy

ROSTAMI HADI. Unlawful Obtainment of Property in the light of Money Laundering Regulations. CRIMINAL LAW AND CRIMINOLOGY STUDIES[Internet]. 2020;49(2 ):397-417. Available from: https://sid.ir/paper/260732/en

IEEE: Copy

HADI ROSTAMI, “Unlawful Obtainment of Property in the light of Money Laundering Regulations,” CRIMINAL LAW AND CRIMINOLOGY STUDIES, vol. 49, no. 2 , pp. 397–417, 2020, [Online]. Available: https://sid.ir/paper/260732/en

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