Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Jurisprudential Analysis of the Role of Official Documents against the Crime of Money Laundering

Document Type : Original Article

Authors
Masoud Masoudinia 1
Mostafa Rajaei pour 2
Mohsen Razmi 3
1 Department of Jurisprudence and Fundamentals of Islamic Law, Golbahar Branch, Islamic Azad University, Golbahar, Iran.
2 Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
3 Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
10.22034/jccj.2025.387475.1210
Abstract
The official document is one of the most important and reliable tools to deal with the crime of money laundering, because the supervisor of the official authority has seen the criminal path of money laundering and in this way, stops the flow of money laundering. At the same time, it is also a way to commit the crime of money laundering because it is one of the main and primary choices to get rid of the income related to the crime due to the reliability or lack of a certain object, especially in communal properties, that the criminal buys immovable property. or other contracts such as mortgages, transforms and purifies the criminal act. Official documents for the crime of money laundering are a double-edged sword that can be effective both in committing the crime and in detecting the crime. Therefore, both the offenders and the victims adhere to official documents. This research is of a theoretical type and the research method is descriptive-analytical based on library information collection and referring to books and articles. Imamiyyah jurisprudence deals with the crime of money laundering in terms of “the sanctity of false possessions”, “the sanctity of forbidden preamble” or the sanctity of “collaboration in wrongdoing and aggression” and using the rule of jurisprudence “Al-Tazir Bama Yarah Al-Hakim”. From the point of view of jurisprudence and law, it is certain to assign Taziri punishment for money laundering, but in Imamiyyah jurisprudence, there is no information about the use of official documents to prevent the crime of money laundering and official documents are not recognized as independent evidence to prove the criminal act of money laundering. It can be recognized as proof of crime only in terms of judicial authority and in accordance with the judge's knowledge
Keywords
Official Document, Money Laundering, Judicial Edict, Judge's Knowledge, Wrongful Act, Taziri Punishment.
Comparative Criminal Jurisprudence
Volume 5, Issue 4
Autumn 2025
Pages 165-176

  • Receive Date 27 February 2025
  • Revise Date 14 May 2025
  • Accept Date 28 June 2025
  • Publish Date 22 December 2025