The Concepts and Basics of Reversing Proof of Evidence in the Crime of Money Laundering with a Religious Approach

The purpose of this article is to examine the reversal of evidence in the crime of money laundering. Money laundering means considering the origin of dirty money as legitimate, among the new crimes that have been approved by the legislator with greater sensitivity due to its specific characteristics and apparent conflict with some legal foundations and documents. At first glance, it does not seem that it has a conflict with some jurisprudential documents. One of these examples is the burden of proof process. Usually, in criminal lawsuits, the burden of proof is on the prosecutor, and accordingly, he is obliged to prove the constituent elements of the alleged crime. But this trend is reversed in the crime of money laundering and the burden of proving the legitimacy of the obtained money is placed on the accused. This issue makes it important and necessary to investigate this issue to determine the verdict of the case. Accordingly, the main question of the research is, what are the basics of reversing the burden of proof in the crime of money laundering?

The method of the current research is descriptive-analytical, which has been used to collect information through the study of documentary and library sources.

The findings of the research show that, in proving money laundering, contrary to certain principles governing the process of criminal proceedings such as the principle of innocence, the principle of authenticity, and the principle of evidence, exceptionally and due to the importance of the crime of money laundering inside and outside the country, from the basics The aforementioned has been reversed, and in case of suspicion and doubt regarding the property and transactions, it is the possessor who must prove the absence of money laundering before the judicial system, which is known as reversing proof of proof.

In principle, in proving crimes, the principle is based on innocence, and the principle of authenticity or evidence and possession is respected, and these matters are among the certain principles of criminal law and proceedings arising from it.