Presumption of Guilt in the Crime of Money Laundering, a Comparative Study in Iranian Law, Imami Jurisprudence and the Palermo Convention

Akbari, Mahmoud; Ommi, Ahmad; Mozafari, Abbas

doi:10.22034/jccj.2024.441316.1482

Presumption of Guilt in the Crime of Money Laundering, a Comparative Study in Iranian Law, Imami Jurisprudence and the Palermo Convention

Document Type : Original Article

Authors

Mahmoud Akbari ¹

Ahmad Ommi ²

Abbas Mozafari ³

¹ Assistant Professor in Law at Ayatollah Ozam Borujerdi University, Borujerd City, Iran. (Corresponding Author)

² Assistant Professor, Department of Private Law, Faculty of Law and Political Science, South Tehran Branch, Islamic Azad University, Tehran, Iran.

³ M.A. in Law

10.22034/jccj.2024.441316.1482

Abstract

One of the strategies to fight the crimes with which the classic criminal legal methods have reached a dead end, and on the other hand, public order, including has disrupted the national and transnational, is the acceptance of the presumption of guilt, which through international documents as an effective criminal policy in It is recommended to deal with organized crimes, especially money laundering. The presumption of guilt in Imami jurisprudence as the main source of legislation in Iran is approved by jurists and jurists On this basis and according to international documents, Iran has been accepted as a legal emirate in the field of combating money laundering. In this research, the presumption of guilt has been investigated based on jurisprudential and legal foundations, and then, in the light of the guidelines of the Palermo Convention, the necessity of legalizing the presumption of guilt in criminal policy has been proven.

Keywords

Presumption of Guilt

Organized Crimes

Criminalization

Money Laundering

Principle of Innocence