Legal Problems of Predicate Offences relating to Drugs under Anti-Money Laundering Laws

Abstract

               This article aims to study the anti-money laundering laws containing civil forfeiture measures and legal procedure to requesting court’s order the predicate offence-related properties forfeiture for properties of the government. The procedure begins with reasonable belief that a property relates to predicate offence which contains a criminal punishment against an offender who owns the predicate offence-related properties according to the offence of money laundering. Hence, determining a case’s predicate offence is an essence principle of anti-money laundering laws.

            According to the study, it was found that, currently, determining qualities of predicate offense concerning drugs under of anti-money laundering laws covered an offense of drugs for certain kind of drugs with minor punishment or without properties generated from such offence. This failed to follow the spirit of enactment aiming to root out the criminal cycle under such offence. It was excessive limitation of people’s liberties and rights for enactment and failed to accord with drugs-related legal measures. It also caused problems of budgetary worthiness and manpower enforcing the law enforcement of Anti-Money Laundering Office.

            Therefore, to solve such problems, a frame of drugs-related predicate offence under anti-money laundering laws should be developed to ensure it covers major offences such as production, import, export and distribution.