01
Legal issue
A money-laundering court need not await a final judgment on the predicate offence: it may itself examine whether the funds were obtained unlawfully and may rely on ordinary evidence and a body of circumstantial indications.
02
Published principle
The Arabic judgment published by the Supreme Court is the primary source. The Russian, English and Chinese texts on this page are unofficial Smart Global Capital editorial accounts.
The official source contains the full judgment together with its published headnote and legal rule; the editorial account does not replace the Arabic original.
No special method distinct from ordinary modes of proof is required to establish money laundering: as a matter of principle, it is sufficient for the court to be satisfied, from any evidence or indication put before it, that the conduct constituting the offence occurred. A court hearing a money-laundering case need not await a final determination of the offence by which the funds were unlawfully obtained; it may itself examine the unlawfulness of their acquisition. An offender may be punished once it is proved that the offender committed the laundering conduct while knowing that the funds had been unlawfully obtained, in accordance with Article 6 of the Anti-Money Laundering and Terrorism Financing Law. Articles 6 and 7 do not confine laundered property to proceeds of specified offences: any unlawful funds resulting from an offence may be the subject of money laundering.
03
Applicability
The convicted appellant's challenge was dismissed and the conviction remained in force. The judgment removes only the need to await a separate final predicate-offence judgment: the prosecution must still prove that the funds were criminal proceeds, that the accused carried out laundering conduct and that the accused knew of their unlawful source. On these facts, the court linked the funds to unlawful intermediation for third parties and abuse of public office.
04
Related instruments
- Anti-Money Laundering and Terrorism Financing Law, Royal Decree No. 30/2016, Articles 6 and 7
- Law on the Protection of Public Funds and Avoidance of Conflicts of Interest, Royal Decree No. 112/2011, Articles 7, 8, 15 and 16
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