The Predicate Offense as a Presumed Element of Money Laundering in Light of Law No. (2) of 2005 on Anti-Money Laundering: An Analytical and Doctrinal Study (Al-Jarimah al-Awwaliyah karkun Muftarad li-Jarimah Ghasl al-Amwal fi Daw' al-Qanun Raqm (2) li-San

Abstract

Crimes share basic general elements, which are the main pillars that they only perform, namely the material element and the moral element, but this does not apply to all crimes, so as an exception, there are crimes that are not sufficient for their two pillars, but the completion of their legal model requires the availability of a special element in addition to The other elements, which is represented by the presumed element, which is related to the type of crime, whether or not; If it is abolished, then the crime does not exist as the stipulated, or it may perform but with another description, and therefore we will face another crime that differs from the crime whose element is required to be proven, and among these crimes is the money laundering crime stipulated in Law No. (2) of 2005 about combating laundering The money, which the legislator requests to set up in accordance with the provisions of Article (2), Paragraph (Second), an assumed pillar of the primary crime, which the crime does not achieve except by its realization.