| dc.description.abstract | l'his study examines the problems faced in enforcing the criminal anti-money
laundering measures. For this purpose, the laundering offence and confiscation
measures, both domestically and internationally, are discussed and suggestions
are made for methods of enforcing those measures in order to make effective the
control of money laundering in emerging economies in general and Thailand in
particular. In approaching this task, this thesis uses the UK and the US legislation
and their case law as well as relevant international instruments as comparative
reference points for identifying the problems in enforcement and for making
suggestions thereto.
The primary thesis is that states should design and enforce laundering and
confiscation provisions in a manner that would overcome evidentiary problems
relating to the proceeds of crime. Furthermore, states should provide for a flexible
system of mutual assistance in confiscation matters that does not breach the
legality principle.
Both money laundering and confiscation measures target the criminal proceeds,
which often originate in the form of "money". As money is fungible and has no
specific identity, identifying it for the purpose of these measures is very difficult
and, in some cases, even impossible. Unless these evidentiary problems are
properly addressed, those measures would be ineffective.
In relation to mutual assistance for confiscation purposes, many states have
differences in ranges, approaches, and limitations on measures for investigation,
preservation and confiscation. While those differences are only optional grounds
for refusing assistance under the concerned international instruments, the
provision of assistance in some cases is legally impossible, particularly due to the
violation of the legality principle in the requested state. For the effectiveness of
mutual assistance in confiscation matters, a system should therefore be structured
in a way that makes it legal to provide assistance despite these differences.
This study expounds this thesis in five chapters. Chapter I outlines the historical
evolution of money laundering control. Chapters II and III examine the
laundering offence and confiscation respectively. Chapter IV analyses
international confiscation. In light of the fmdings in the previous chapters,
Chapter V makes suggestions for the effective enforcement of the repressive
measures in emerging economies more generally and in Thailand more
particularly. | en_US |
