The crime of money
laundering
Introduction of the simplest
rules of criminal justice, not the offender takes advantage of his crime, and
the chain rings in the fight against crime combat any benefits back from
committing the criminal or the instigator of it, from this standpoint, the
benefit from the money Derived from crime is a
violation of the laws and rules of criminal justice, and frustrating for all
anti-crime measures, and no one can deny that some of the crimes generate huge
sums of revenue can not be left to the subject of benefit to the criminals who
carry out and help them out and agreed upon among those interested in the legal
affairs that Time progress and developments in the lives of individuals at the
level of mutual services and humanitarian relations and contribute
significantly and clear in the creation of new patterns of human behavior and
thus the emergence of new crimes were not known in the past, and the subject of
such a crime of money laundering.
First, the definition of
whitening Alomwa for: conclude by Article
II of the Code of money laundering and Article 389 bis of the Penal Code that
the Algerian legislature has defined money laundering as a "conversion or
transfer of property with the knowledge that the property originated For a crime,
and this is the purpose of concealing or disguising the illicit origin of such
property, or in order to assist any other person involved in the commission of
the predicate offense (dirty) the source of funds, in order to avoid legal
consequences for his actions that he committed, which also hide and disguise
the true nature The origin of the property or its location, movement or
ownership rights with the knowledge that the property generated by crime and is
also getting the property and retained Or used with
the full knowledge the time of receipt that it arose from a criminal activity,
it is also involved in the commission of any of the foregoing or Altoti or
conspiracy to commit or attempt to commit and prejudice or abetting,
facilitating and counseling the Isra crimes.
Second, its corners
* Material
element: Can not imagine a crime without a physical corner her,
which represents Exterior her, and its attack on the protected interest is
achieved by law, and the way is the executive business of the crime, and
therefore the verification of the availability of the material element is the
basic requirement to look at the existence of the crime or not.
The material element of
the crime of money laundering in general, in every action contributes to hide or
disguise the source of funds or income derived directly for all crimes without
limitation and this is the view of the Algerian legislator.
Elements
of the physical corner:
A) - a
component behavior or act of concealment:
1 - The acquisition,
possession or use of the funds collected from any crime.
2 - transfer of funds,
and is in the transfer of funds or the proceeds of any crime, with the aim of
concealing or disguising the illicit origin of this revenue, in order to help
anyone involved in the commission of such crimes.
3 - concealing or
disguising the fact that the funds collected from the crime so as to include
all disguise the fact that the money is on the proceeds of illegal activity.
4 - Participation in
the commission of any of the mentioned association with or conspiracy to
commit, or aiding, abetting, facilitating and counseling the acts.
It should be noted that
you should not Adherence to the
linguistic sense of the term concealment, because that would restrict
punishment circle in a manner not in the public interest, it was full and
incurred as a result was full of crime and if stopped at the end or the
intended result did not materialize the crime is complete or is attempted, this
must understand concealment that all the work would include preventing uncover
the truth of illicit origin, and in any form and by any means, whether this
concealment covert or overt there a lesson if the fact that concealment may
have been a secret, and it does not matter the reason for concealment even
though it was a legitimate way as buying one thing intake theft or gain illicit
funds by way of donation or deposit or barter ... etc.
B) - the
shop, which is set by the behavior: is this Shop in fact
money, source, location, disposition, movement or rights with respect to or
ownership of, these illicit funds include movable and immovable, Kalomwal
material such as jewelry, funds of moral content is embodied in the form of a
virtual material.
C) - Crime primary
source of revenue: that the crime of money laundering is a crime, a
dependency necessarily those obtained by illicit funds assume an earlier
preliminary crime it is so it must be the subject of bleach money of illicit
origin.
Mental element: According to the
text of Article 389 Q.a be intent to conceal or disguise the illicit origin
showing that this crime requires that the intended purpose of concealing or
disguising the funds generated by the source of a criminal act, and that's what
put that money laundering a crime not only intent year, but it requires special
intentionally, which is the will of concealing or disguising the illicit origin
of funds, so the so the crime of money laundering intentional crime, is not
enough for its mere presence of negligence or error is not intended, and should
do criminal liability that the actor year has intent and the private intent,
Thus, the mental element of the offense is reflected Bugetin are:
A) - General
intent: it is the will of the perpetrator in the commission of a
crime of physical act knowing him and the elements required by law and thus the
public The intention of this crime is:
1 - knowing
the source of illegal: funds should be knowing the ovary is
available the fact that the illicit origin of funds, any flag realistic these
funds is the result of a crime, it is not enough if belief mistake person and
otherwise actually the source is the legislator of funds, as it does not
punished for the crime Danniyeh which is not based only in the mind of the
perpetrators, so the mental element of the crime of money laundering ends when
the absence of proven science source of illicit funds.
2. will conduct
money laundering: You
must conduct money laundering behavior involuntarily until the mental element
of the crime is achieved, and that this behavior is expressing the will of the
conscious and free on the part of the perpetrator, if no longer the will of
behavior thus negated moral or criminal intent corner of the actor.
B) - your
intention (intention to hide or disguise the source of funds): If your intent is
the intention of veering to the particular purpose or paid to act a certain
emitter, and in the crime of money laundering, the special intent is achieved
when the validation of the will of concealing or disguising the illicit origin
of funds transferred or immovable property or resources resulting from various
crimes, and therefore must GOES actor intention to hide or camouflage.
Third: the stages of money
laundering process:
Money laundering operation
based on three main stages:
1. Deposit stage: the removal of funds
from direct association with criminal activity and are so moved from one place
to another and the intention is to hide the source of the illegal, targeting
this phase, which is expressed in some stage of the recruitment or get rid of
the money in kind to provide money in the form of trade legitimate which is the
physical disposition of the amount of cash income in order to remove it from
the place of the acquisition to avoid attracting attention, and by seeking to
integrate this income and entered in the commercial work areas be easy where
stealth is the Deposit stage is the basic stage because it represents income
access to bank or monetary institution process, and is considered preparation
This stage main weakness in the money laundering process, as deemed appropriate
starting point for monitoring and detection of criminals by interests in charge
of this.
2 - opacity
or coverage stage: If scrubber succeeded in putting his money in
the framework of the financial system circle, then moves to the second step,
known stage blackout, and where the separation of the income of its origin and
by creating layers of financial transactions designed to hide money source
landmarks, and remove him as much as possible about the possibility of tracing
calculations movement to him, and the fact that if the money managed to skip
the first stage, disclosed at this stage be more difficult Examples blackout
there re-sale or export of capital, which is obtained in the first phase and
contrast for sale or thing Source takes a picture of a cash payment, which
makes personal buyer more clearly and without fear, and make capital more
flexibility in movement.
3. integration
stage: this
stage to ensure that the final cover of the appearance of legitimate wealth of illicit
origin where they are in the process put money bleached again in the Department
of Economy, in a way that seems to them that the normal operation of the money
from a clean source, and at this stage is difficult to largely Discrimination
between the wealth of source project and wealth of illicit origin, and can not
be detected bleaching process at this stage only through secret research and
assistance through unofficial informants or by chance.
Fourth: follow-up action: According to Article
V of the Act that it can not take follow-up actions criminal for money
laundering, but if the original acts (crimes source dirty) committed abroad
funds are of character a criminal offense in the country where it was committed
and in Algerian law.
The legislator has been
assigned to a specialized body, a cell processing power to inquire financial
analysis and processing of information received by the competent authorities as
well as notifications of the compromise, which is subject to duty:
- Banks and financial institutions
and the financial interests of a Algeria and similar financial institutions,
insurance companies, mutual societies and exchange offices and stakes gaming
and casinos.
- Any natural person or
legal entity based in the context of his career investing or conducting deposit
operations or exchanges or transfers or any movement of capital, especially at
the self-organization level, especially professions of lawyers and notaries and
the Governor of auction sales and expert accounting and Governors of the
accounts, brokers and agents brokers and agents of the exchange and brokers in
stock market operations and real estate agents and institutions and banks as
well as gems, precious metals and objects of archaeological art and antiques
dealers.
It is for each person of
the above-mentioned persons to inform specialized in all process related to
money suspected to be obtained from a felony or misdemeanor, especially the
organization or drugs and psychotropic substances trafficking crime body, and
must do so risks Once the existence of suspicion even though you could postpone
the implementation of those operations or after completion.
And send interests of the
tax and customs urgently confidential report to the specialized body soon
discovered, through carrying out its tasks for investigation and monitoring of
funds or operations looked like they obtained from a felony or misdemeanor.
And receive the competent
body of the compromise reached dangers and collect all the information and data
that allow the discovery of the source of funds or the true nature of the
operations of the subject of threats and send The file to
the prosecutor competent.
It can also be encountered
in this body as a conservative and a maximum of 72 hours to carry out any
banking operation of any natural or legal person located by the strong
suspicions of money laundering, and can not retain these precautionary measures
after the expiry of the period except by judicial decision.
The President of Algeria
court at the request of specialized body and following consultation with the
public prosecutor at the Algiers court to extend the term specified above, or
order a judicial guard signatories to the funds and accounts and bonds, the
subject of the dangers, as can the prosecutor at the Algiers court petition for
the same offer.
Finally, if the notice did
not include receiving arrived dangers of the compromise precautionary measures
set forth above, or has not reached any decision issued by the President of
Algeria court or the ongoing investigation judge in front of the investigation
when necessary, to persons and bodies mentioned earlier, no later than 72
hours, they can perform the operation subject of thedangers.
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