Fighting Money Laundering through Criminal Prosecution in Tanzania: A Critical Comment on Specific Aspects of the Law and Practice
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Date
2018-02
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Dar es Salaam University Press
Abstract
This article discusses criminal prosecution as an anti-money laundering tool n Tanzania. It starts by introducing money laundering as a legal concept and outlining the elements of the crime as provided for in the relevant provisions of the national anti-money laundering legislation. The article identifies and analyses the status of domestic substantive law and jurisprudence on money laundering as a crime. This includes the manner in which courts have approached issues arising in money laundering, including trends and attitude relating to the crime., as well as emerging practical issues relating to money laundering proceedings. The articles further discusses two general prosecutorial approaches to charging money laundering and their potential in achieving retribution and deterrence, the two general purposes of criminal prosecution.
The article shows, inter alia, that there are legal and knowledge gaps that must be addressed if criminal prosecution is to be a more efficient anti-money laundering tool. It also finds that so far there is no significant domestic substantive jurisprudence on money laundering as a crime. In addition, the article critiques the statutory provision that expressly makes, among others, the offence of money laundering non-bailable. Specific legislative reforms are recommended in this regard with a view to effectively addressing the fear that money laundering charges are being used as new means of justifying preventive detention.
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Keywords
integrated charging, integration, irresistible inference, layering, money laundering, placing, predicate offence, stand-alone charging
Citation
Materu, S.F "Fighting Money Laundering through Criminal Prosecution in Tanzania: A Critical Comment on Specific Aspects of the Law and Practice" 44(2) Eastern Africa Law Review., 2017