English Abstract
Abstract :
This thesis deals with the subject of the crime of money laundering and the means of controlling it in the comparative legislations and this crime was mentioned in two chapters:
The first chapter was devoted to showing the essence of this crime and we have divided this chapter into four sections. The first section has included the concept of this crime in language, jurisprudence and legislation. Also, we have pointed out in the thesis the characteristics of this crime which turned out to be an organized crime because it is often committed by an organized criminal group and that it is a dependent crime as it assumes committing an initial crime which has resulted in illegal funds. Also, it was proved to be a transnational crime as its impacts exceed the borders of one state and that it makes full use of the means of modern technology in executing it especially in the light of the development in such methods and the prevalence of using them.
In the second thesis, we have talked about the stages of this crime and we have also shown that some of these stages are traditional such as the stages of investment, camouflage merger or integration while other stages are modern such as the simple kind of this crime and the complicated sorts of this crime.
In addition, it was pointed out that there are various methods of committing this crime which we have divided into financial banking methods in which the bank plays an essential role and non banking financial methods such as financial deals, false invoices, the establishment of unreal companies and using modern technological means such as using ATMs, electronic banking services, internet banks and others.
The third thesis has dealt with the elements of this crime and its punishment as we have pointed out in the first thesis the items of this crime represented in the assumed condition which is the assumption of committing an initial crime which results in illegal funds upon which this crime is executed. After that, we have clarified the material element of the crime and its items which are the criminal activity, the criminal result and the causative relationship. After that, we have talked about the moral element of the crime and we have concluded that the Bahraini legislator has taken into consideration the general criminal intent of both elements that is undoubtedly mixed with all the elements of the legal and factual components of the crime especially in the light of being aware of the fact and nature of the criminal source of the illegal funds and knowing the willingness of the concrete component of the crime.
We have concluded this chapter by pointing out the negative effects of this crime represented in the political, security, economic and social effects of this crime and we have come to the conclusion that they are serious and dangerous effects on the societies and that there is an increasing interest from the side of countries and international organizations for addressing and controlling this crime.
We have dedicated the second chapter for showing the means of controlling this crime through two theses. In the first thesis, we have dealt with pointing out the international efforts for controlling this crime represented in the various instruments, conferences and international bodies that are facing this kind of crimes such as Basel Declaration on 12th December 1988, the United Nations Convention for controlling the illegal drug trade and the psychotropic substances of 1988, the Council of Europe Convention (Strasburg) of 1990, the United Nations Convention against transnational organized crime of 2000 (the Palermo Convention), the Arab Convention for controlling the illegal Drug Trade and the psychotropic substances of 1994 (the Convention of Tunisia). We have also dealt with the World Ministerial Conference for controlling the international organized crime (Napoli Conference of 1994), the Ninth International Conference for Preventing Crime in Cairo. Finally, we have dealt with the most important and concerned international bodies for controlling this kind of crimes such as the efforts of the efforts of the International Committee of Financial Work, the International Organization of Criminal Police (INTERPOL) and the efforts of Council of Arab Interior Ministries.
In the second thesis, we have explained the national efforts of controlling this crime represented in the means of controlling it in some of the western countries such as the United States of America, France, England and some of the Arab countries such as Egypt, the United Arab Emirates and Kuwait.
Then, we have dealt with the experiment of the Kingdom of Bahrain in controlling this crime which has resulted in the decree no. (4) of 2001 concerning prohibiting and controlling this crime and financing terrorism which was amended by law No (54) of 2006 and we have also shown the role of the financial and banking institutions in controlling this crime.
Finally, we have added a conclusion that has contained a brief summary of the topic coupled with the deductions we have reached and the recommendations which are worthy of application concerning controlling this crime
