Prof Dr Mustafa Hussein Abdel Baki
Professor of Criminal Law
Faculty of Law and Public Administration
Birzeit University, West Bank, Palestine

Abrar Ibrahim Alassy
Phd. Researcher
Faculty of Law & Political Science
University of Constantine 1, Algeria

Abstract:

The study highlights the problematic relationship between the crime of money laundering and the original crime according to the Palestinian and Kuwaiti legislation compared to the legislation of some Arab countries. The importance of the study stems from the fact that it addresses a problematic topic related to understanding the relationship of dependency between the crime of money laundering and the original crime, especially with the difficulty of proving this relationship due to the novelty and development of this crime.
The study aims to understand the relationship of the crime of money laundering to the original crime, and to evaluate the extent of compatibility of the Palestinian legislation with the international standards and comparative legislation related to combating money laundering. The study follows the descriptive analytical approach, by presenting and analyzing legislative texts to understand the problematic relationship between the original crime and the crime of money laundering. The study also follows the comparative approach, as it compares the texts of Palestinian legislation on combating money laundering with some Arab legislation and relevant international and model agreements.
The study reached a number of results, the most important of which is that the Palestinian and Kuwaiti legislators adopted the expanded approach in determining the scope of the original crime, still have old penal laws and did not update them to be consistent with international agreements and standards for combating the crime of money laundering, and both the Palestinian and Kuwaiti legislators adopted the condition of dual criminality in national and foreign laws. In addition, the legislations in both countries do not require conviction for the original crime in order to be held accountable for the crime of money laundering.
Among the most important recommendations is the need to define the serious crimes that are the subject of the crime of money laundering in national legislation, and to make efforts to combat money laundering crimes that are the subject of serious predicate crimes, and the need to distribute the burden of proof in money laundering cases between the Public Prosecution and the accused in a balanced manner.
Keywords: Money laundering, predicate crime, organized crime, money crime, presumptive element, and criminal proof.

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