The Difficulty of Proof in Money Laundering and Terrorism Financing Crimes

Abstract

Money laundering is a modern crime that has emerged in various legal systems, including Algerian law. It has evolved alongside technological, financial, and economic advancements, coupled with increased wealth. This evolution has led individuals who obtain funds from illicit activities to deposit and integrate them into the economic cycle, then consolidate them to conceal their illegal source. They attempt to present these funds as proceeds from legitimate activities to evade punishment, seizure, and confiscation. Modern methods, resulting from the development of the internet, electronic money, and smart payment cards, have facilitated this process. Criminal networks exploit technological advancements through the use of ATMs, electronic banking services, internet banks, and smart cards to circulate various transferable values. This has prompted the international community and organizations to enact national legislation and international agreements to prevent and combat money laundering crimes. Algeria has implemented legislation to regulate this crime, starting with the establishment of the Financial Intelligence Unit under Executive Decree No. 02-127, followed by Law 04-05 amended and supplemented by Order No. 66-156, which includes the Penal Code. This culminated in the issuance of specific legislation to combat this crime, namely Law 05-01, amended and supplemented. This research aims to address the challenge of proving money laundering, terrorism financing, and weapons of mass destruction crimes, along with the obstacles encountered and the extent of the Algerian legislator's success in addressing them procedurally and substantively.