The Role of Parallel Financial Investigation in Constructing a Proactive Model for Criminal Prosecution: A Comparative Analytical Study
DOI:
https://doi.org/10.66026/st4m8n96Keywords:
Parallel Financial Investigation, Economic Crimes, Preventive Function, Criminal Legislation, Proceeds Tracing, Anti-Corruption.Abstract
In a world where economic offenses become interwoven with a web of corruption and multi-national money laundering, the conventional methods of criminal investigations are no longer relevant to address the intricacies of tainted money. In this case, parallel financial investigation appears as a sophisticated strategic tool, according to which the state can trace suspicious money trail and decode the financial scheme of sophisticated crimes internally. This paper will analyze the lives of four Arab states including Iraq, Egypt, Morocco and the UAE to bring out how the legislation and institutional structures determine the capacity of each nation to realize this critical mechanism with special attention to reform in the background of the Iraqi context. Parallel financial investigation is not just a legal requirement but of paramount importance in the recovery of looted money, the safeguarding of the economy as well as the facilitation of justice to the victims. The paper claims legal loopholes that impede the full implementation of this mechanism, providing the message that it is time to introduce radical changes to the Iraqi legislation to reorganize its legal framework and embed financial investigation as a fundamental part of the criminal justice system so that Iraq could protect its economy and conduct effective response to transnational crimes. This research focuses on parallel financial investigations related to economic and financial crimes (particularly corruption and money laundering) in four Arab countries: Iraq, Egypt, Morocco, and the United Arab Emirates. The research comprises two main sections. The first section addresses the conceptual framework of parallel financial investigations, defining them (first subsection) and outlining their preventative function in combating economic crimes (second subsection). The second section reviews the legal framework, explaining the legislative basis (first subsection) and then identifying the authorities responsible for parallel financial investigations and their powers (second subsection). The research concludes with a summary of findings and recommendations.
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