نوع مقاله : علمی - ترویجی
1 دانشیار گروه حقوق جزا و جرمشناسی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، مازندران، ایران.
2 دانشجوی دکترای حقوق جزا و جرمشناسی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، مازندران، ایران.
عنوان مقاله [English]
Behaviors which are committed in pursuit of money laundering are limitative and expressly envisaged in international conventions and in the Anti-Money Laundering Act 1386. Conversion, Transfer, Exchange, Concealment, Disguise and … are among these behaviors. Limitation of these cases and their proximity in terms of meaning in spite of having different concepts from a legal perspective have different effects on the committing the money laundering, need to be investigated further and more detailed. Moreover, the money laundering penal code is silent about the behavior of managing in contrast with Merida Convention and has criminalized some behaviors like exchanging and reserving which haven’t seen in Merida convention.
Besides, both the Convention and money laundering penal code are silent about the changing as one of behavior for laundering. The reason may be the special perspective to phrase of conversion that recognized its meaning area enough to involve the meaning of change. However, with studding and examining the two behaviors we can know some acts and behaviors have just coincided with the behavior of changing and not conversion. This article has tried to study the ambiguities, mentioned questions and either difficulties of money laundering code in contrast to Merida Convention more accurate with conceptualizing the mentioned phrases in both article 23 of Merida Convention and article 2 of Money Laundering Code and with using Italian and Spanish copy of Merida Convention in some cases.