Pathology of the Anti-Money Laundering Law Approved in 2007 From the Perspective of the Law on Money Laundering and Proceeds Generated from the Crimes of Afghanistan
1
Assistant Professor at Law and Political Science Faculty of Kharazmi University
2
MA in Jurisprudence and Principles of Islamic Law of Kharazmi University
Abstract
In the process of money laundering, the perpetrators of the crimes converted money generated from their illegal acts to legitimate fortune by committing acts of deception and this matter causes major economic losses in any given country. In fact, the rules of money laundering are combined with other financial and business criminal methods. Therefore, countries have set up laws to combat this type of criminal activity in order to maintain and support their economic system, and this has led to the formation of a group called “Financial Action Task Force” (FATF) within the international sphere. In Iran, the anti-money laundering law was enacted in 2007, but due to lack of expertise in drafting its provisions, it cannot be implemented effectively. The question that arises is that what are the disadvantages of the anti-money laundering law? According to the library research, it seems that the lack of consistency of the anti-money laundering law, the lack of attention to the "transnational" character and the "organized" nature of this crime, the transfer of supervision over the fight against money laundering to a non-judicial body, conflict with other "civil and criminal laws", the inappropriateness of the "money laundering with a prescribed penalty" and the lack of prediction of suitable strategies for cooperation with other countries in the "jurisdiction and international bodies", may be considered as the defects of this law. Of course, it is hoped that the challenges of this law will be resolved with the help of professors and experts, and also by reviewing the laws of other countries in the area of combating money laundering. In the end, the author, looking at the "Law on money laundering and the proceeds generated from crimes” of Afghanistan as adopted in 2014, has provided effective solutions to the amendment of the provisions of the anti-money laundering law.
Mojtahed Soleimani, A., & Davoudabadi, M. (2018). Pathology of the Anti-Money Laundering Law Approved in 2007 From the Perspective of the Law on Money Laundering and Proceeds Generated from the Crimes of Afghanistan. Judgment, 18(94), 55-90.
MLA
Abolhassan Mojtahed Soleimani; Mohammad Davoudabadi. "Pathology of the Anti-Money Laundering Law Approved in 2007 From the Perspective of the Law on Money Laundering and Proceeds Generated from the Crimes of Afghanistan". Judgment, 18, 94, 2018, 55-90.
HARVARD
Mojtahed Soleimani, A., Davoudabadi, M. (2018). 'Pathology of the Anti-Money Laundering Law Approved in 2007 From the Perspective of the Law on Money Laundering and Proceeds Generated from the Crimes of Afghanistan', Judgment, 18(94), pp. 55-90.
VANCOUVER
Mojtahed Soleimani, A., Davoudabadi, M. Pathology of the Anti-Money Laundering Law Approved in 2007 From the Perspective of the Law on Money Laundering and Proceeds Generated from the Crimes of Afghanistan. Judgment, 2018; 18(94): 55-90.
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