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Volume :46 Issue : 179 2020      Add To Cart                                                                    Download

Law No. (106) of 2013 Concerning Anti-Money Laundering and Counter Terrorism Financing: Commentary on the Ruling of The Court of Cassation in Case no. 1325 of 2016 Issued on 22/5/2017.

Auther : Dr. Noura T. Al-Oumi - Dr. Eiman K. Al-Qattan

Goal of The Study: In this study, the main objective is to comment on the Court of Cassation ruling in the Court of Appeal Case no. (1325) of 2016 issued on 22/5/2017. The defendant in this verdict was acquitted of money laundering - a crime that is regulated by Kuwaiti Law No. (106) of 2013 Concerning Anti-Money Laundering and Counter Terrorism Financing.
Study Methodology: This legal research adopted the Doctrinal Research method. Through analyzing and assessing the court judgment, this research seeks to discuss the most important legal problems, substantive and formal, that are related to the givens and causes listed in the sentence which are supposed to conform with the one another and with the sentence of the court.
Study Results: After reviewing the relevant substantive and formal problems, of the ruling in question, it can be seen that the sentence is defective in form and content. It also breached the law rules and judicial discretion interpreting deceptive methods that form the base of fraud. The sentence also did not consider article No (2/217) of theft by mistake, one on which the sentence should have relied to incriminate the perpetrator. This all, according to details are included in this commentary, resulted in the defendant being cleared from the crime of money laundry.
Study Conclusion: The sentence can be considered a retreatment to the court objectives in regards to demonstrating criminal intent as well as a breach in enforcing money-laundry law and realizing its actual goals: combating this crime. The court sentence also falls behind with regard to the court objectives towards applying evidence rules in criminal articles.

Keywords: Money Laundering, Fraud, Theft by mistake, Presumption of Innocence, Convincing the Judge through Evidence.
 

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