Prosecution of Money Laundering and Financing of Terrorism: Sending Back Cases for Additional Investigation

Strengthening the Fight Against Money Laundering and Financing of Terrorism

The National Coordination Committee for Anti-Money Laundering and Counter-Financing of Terrorism has issued an instruction aimed at strengthening the fight against money laundering and financing of terrorism. This move is expected to have a significant impact on the country’s efforts to combat these serious crimes.

Investigation and Prosecution Process

According to the instruction, the investigation-interrogation process shall be conducted in compliance with Articles 152 and 153 of the 2017 Law on Criminal Procedure. The prosecution of accused persons shall also be done in accordance with Articles 154, 155, and 156 of the same law.

Procedures for Collecting Statistics

The instruction outlines procedures for collecting statistics on the prosecution of money laundering and financing of terrorism, which shall be done in compliance with relevant annexes to this instruction. This will help in monitoring and evaluating the effectiveness of the measures taken to combat these crimes.

Legal Proceedings

In addition, the courts’ legal proceedings on money laundering and financing of terrorism shall be conducted in accordance with Parts VIII, IX, X, XI, and XII of the 2017 Law on Criminal Procedure. The courts may use methods of investigation-interrogation and preventive measures as specified in Article 166 of the same law.

Seizure or Attachment of Funds and Properties

The instruction further provides that if funds and other properties connected with money laundering and financing of terrorism have not yet been seized or attached, the courts shall issue orders for their seizure or attachment. This will help in preventing the misuse of these funds and properties and ensure that they are used for legitimate purposes.

Effective Implementation

To ensure the effective implementation of this instruction, the National Coordination Committee has called on all relevant stakeholders to recognize and implement it. The committee has also emphasized the importance of reporting actual situations to the government from time to time. Collaboration and consultation among investigation-interrogation organizations, prosecutors’ offices, courts, and the Ministry of Justice are crucial for the successful implementation of this instruction.

Sending Back Cases for Additional Investigation

In a significant move, the instruction allows for the sending back of cases for additional investigation, should it be deemed necessary by the heads of prosecutors’ offices. This provision aims to ensure that all available evidence is gathered and that the prosecution process is thorough and effective.

Conclusion

The instruction is a major step forward in the fight against money laundering and financing of terrorism, and its implementation is expected to have far-reaching consequences for the country’s efforts to combat these serious crimes. Its effective implementation will require the collaboration and cooperation of all relevant stakeholders.