crime of money laundering and its punishment

 crime of money laundering and its punishment : Today, many crimes, especially in the criminal field, occur with financial motives. Crimes such as drug trafficking and fraud are among the most common crimes in which people have financial goals. You should know that money laundering is also one of these crimes that increases the scope of punishment for some criminals with financial motivation. In this article, we will examine this crime.

It should be noted that the competent court to deal with this crime is Criminal Court 2. In branches of public courts in Tehran and if needed in provincial centers, special branches are assigned to deal with money laundering crime. Due to the specialization of this discussion, it is better to benefit from expert consultation with the best criminal lawyer in Tehran and other cities in case of facing this crime.

What you will read in the rest of this article
money laundering crime
Types of money laundering crimes in the law
Elements of money laundering crime
Stages of money laundering crime
Punishment for the crime of money laundering

money laundering crime

In fact, the crime of money laundering refers to a crime in which money and assets are not obtained through an illegal act and are made to appear legitimate by deceiving legal officials. In other words, the people who acquire it pretend that it is legitimate property. Of course, today a law has also been passed under the title of Anti-Money Laundering Law. In Article 2 of this law, this crime is defined as follows:

Acquiring, possessing, keeping or using proceeds from illegal activities knowing that they were obtained directly or indirectly as a result of committing a crime.
Conversion, exchange or transfer of proceeds in order to conceal its illegal origin, knowing that it directly or indirectly results from the commission of a crime. or helping the perpetrator in such a way that he is not subject to the effects and legal consequences of committing that crime.
Concealing, concealing or concealing the true nature, origin, source, location, transfer, disposition or ownership of proceeds obtained directly or indirectly as a result of the crime.
Types of money laundering crimes in the law
In criminal law, most crimes have different types. The crime of money laundering, like some other crimes, has various types. This crime has the following types in different cases:

Domestic: This type of money laundering, as its name suggests, refers to money laundering that takes place inside the country.
External: This type refers to a crime that is committed outside the country. It means that both the act committed and the origin and the act of laundering must be outside the country.
Preventable: This type of money laundering is such that the crime is committed inside the country.
Importer: This category of money laundering means illegal money obtained in various countries. Then a country is determined as a specific location and the money is laundered in that country.
Elements of money laundering crime
In the previous articles that were dedicated to other crimes, we said that most crimes need the main elements in order to find meaning. If these elements are fulfilled, these crimes will become meaningful. The crime of money laundering, like other crimes, consists of three main pillars: legal, material and spiritual, and we will examine these pillars in this section.

Legal: According to the law, it includes any kind of act and omission for which punishment is determined in the law. In the Anti-Money Laundering Law, this act is clearly a crime and the perpetrators are sentenced to the prescribed punishments.
Material: This element includes the material and physical behavior of the criminal. Of course, in this crime, it can be in the form of omission.
Spiritual: It means bad intention. Both general and specific

Stages of money laundering crime

It should be noted that the crime of money laundering is a process that consists of several stages. All steps must be taken to investigate this crime.

The first step is conversion. It means that the perpetrator converts the obtained huge money into small property. In other words, criminals convert their cash into small amounts in several banks in the form of deposits and capital. This investment can be in the form of official and unofficial institutions abroad. It means to transfer these sub-accounts to that place. Remember that this step is also called injection.

Second, separating the source of money means hiding it and trying to do many transactions. This stage is defined as layering stage.

The third and last step is to separate the obtained money that is of illegal origin. This means that they invest the money in the form of economic institutions. In fact, it can be said that the meaning is the integration of money. In other words, in this way, they make illegitimate money seem legitimate.

Punishment for the crime of money laundering

In this section, after a complete investigation of the crime of money laundering, we will examine the punishments of this crime in the law governing Iran. Thank you for your cooperation. We said that the purpose of money laundering is to make money that is obtained illegally look legal. Therefore, the first punishment for the perpetrators of this crime is the confiscation of the proceeds and property resulting from the crime. The punishment for this crime in Article 9 of the Anti-Money Laundering Law is:

Perpetrators, in addition to restitution of the income and proceeds from the commission of the crime, including the principal and profits, are sentenced to a fine of one-fourth of the proceeds from the crime. which should be deposited into the general income account at the Central Bank of the Islamic Republic of Iran. “

Other punishments for this crime are as follows: If the sum of these assets reaches ten billion Rials, the perpetrator will be sentenced to fifth degree imprisonment, i.e. imprisonment from 2 to 5 years.
If the sum of these assets is more than ten billion Rials, the perpetrator will be sentenced to the fourth degree of imprisonment, i.e. imprisonment from 5 to 10 years.
Also, regardless of the riyal amount of the crime of money laundering, in any case, a fine equal to the financial value used for money laundering will be imposed.

Get expert advice
You can contact my Vakil Man law firm to receive expert advice from the best lawyers in Iran or refer to the Contact My Vakil section.