آليات الوقاية من جريمتي تبييض الأموال و تمويل الإرهاب و مكافحتها

Abstract

The concept of the crime of money laundering refers to transactions aimed at concealing or altering the identity and source of funds obtained through illicit means and various methods of disguise and concealment.Due to the seriousness of this crime and its severe impact on the national economy, the Algerian legislator has given it special attention by regulating it through specific legislation that addresses two stages. The first is a preventive stage, focusing on identifying its causes and consequences. The second is the punitive stage, addressed through the Penal Code, particularly the provisions of Article 389 bis, as well as Law No. 05-01 of February 6, 2005, concerning the Prevention and Combating of Money Laundering and Terrorist Financing, and Law No. 06-01 of February 20, 2006, concerning the Prevention and Combating of Corruption. This approach is consistent with the general orientation established by the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The crime of terrorist financing is considered a dual-offense crime, involving both the act of financing and the act of terrorism itself. The international community has nfronted it through criminalization and preventive measures embodied in international conventions, notably the International Convention for the Suppression of the Financing of Terrorism of 1999. Algeria has onsequently developed its legislation to criminalize and combat terrorist financing through institutional mechanisms and legal frameworks. Law No. 05-01, as amended and supplemented by Law No. 23-01 of February 7, 2023, constitutes the fundamental pillar for preventing and combating this crime, alongside the provisions of the Penal Code