CRIMINAL – LEGAL AND CRIMINAL ASPECTS OF MONEY LAUNDERING IN THE REPUBLIC OF NORTH MACEDONIA AND THE REPUBLIC OF SERBIA
Keywords:
Key words: money laundering, criminal money, crime, criminal investigation, financial research.Abstract
Abstract
Money laundering is a security and financial problem that is more pronounced than the globalization process, which is quite intense with capital movements and economic cooperation, especially with the rapid development of information technology and the development of communications. All this enabled the creation and development of transnational legal entities - corporations, as well as financial cooperation between the business sector, the financial sector and legal institutions in the direction of finding tactics and techniques of concealing illicitly acquired proceeds from crime and their legalization and showing how the proceeds acquired from legal sources. Investing criminal groups with illegal money in legal businesses does not recognize borders, recognizes only labile national economies and a legal system to achieve the sole purpose of gaining higher profits and avoiding penal responsibility. Prerequisite for detection, clarification and proof of money laundering is the incrimination of criminal behavior in national legislation in the three stages of money laundering, but also the prediction of legal measures and actions for successful criminal and financial research and providing not only evidence of existence of crime of money laundering, but also evidence of how and where the process was going, that is, determining the course of criminal money in order to find, secure and enable confiscation.
The paper analyzes the criminal acts with elements of money laundering in the penal laws of two neighboring countries originating in the former SFRY, the criminal behaviors that are incriminated are studied, but attention is paid also to which measures and actions are foreseen in the procedural legislation the precondition for clarification and providing evidence as for the committed criminal acts, as well as the type and amount of money laundering funds are fulfilled, and they are important elements for the cooperation of the bodies and the persecution of both states.
References
2. Boskovic M. and Jovičić D. (2002), Criminalistics - Methodology, Banja Luka.
3. Vodinelić V. (1985), Criminalistics, Disclosure and Proofing I Volume, Faculty of Security, Skopje.
4. Williams F. (1997), Transnational and National Organized Crime and International Security ", Security no. 3, Skopje.
5. Kalajdziev G. (2011), "Criminal Proceedings", Skopje.
6. Kambovski, V., (2003), Criminal Law "special section", - fourth edition, Prosvetno delo AD, Skopje. p. 367.
7. Mihajlova V. (1997), money laundering and other illegal property benefits - the influence on the financial system, prevention and experiences from other countries, the Macedonian Criminal Law and Criminology Review no. 1, Skopje.
8. Nikoloska S. (2008) Criminal offenses against official duty, Criminological - Criminalistic aspects, Grafotrans, Skopje.
9. Nikoloska S., (2014), Money Laundering, Van Gogh, Skopje.
10. Nikoloska S., (2015), Economic Criminalistics, Van Gogh, Skopje.
11. Petrović B., (2009), Money laundering as contemporary security education, Faculty of Law, Sarajevo.
12. Chudan A. and Nikoloska S., Economic Crime, Criminal Police Academy, Belgrade, 2018.
13. The Law on Criminal Procedure of the Republic of Macedonia, Fig. Journal of the Republic of Macedonia no. 150/10.
14. Law on Criminal Procedure of the Republic of Serbia, Fig. messenger RS no. 72/11, 101/11, 121/12, 32/13, 45/13, 55/14.
15. Criminal Code of RM, Fig. Journal of the Republic of Macedonia no. 37/96, 19/04 114/09.
16. Criminal Code, Fig. Journal RS ", No. 85/2005, 88/2005 - eg., 107/2005 - ispr., 72/2009, 111/2009 and 121/2012.
17. Financial investigations and confiscation of proceeds obtained from crime, Training Manual for prosecution and judicial bodies, CARDS Regional Program 2002/2003, Skopje, 2006.
18. http://www.ufr.gov.mk/files/docs/%D0%9D%D0%A0%D0%90.pdf
19.https://www.slobodnaevropa.org/a/srbija-napredovala-u-spre%C4%8Davanju-pranja-novca/29789281.html
20. https://www.telegraf.rs/vesti/ekonomija/2979661-gde-se-u-srbiji-najvise-peru-pare-i-plasira-prlja vi-novac-ovo-su-sektori-najizlozeniji-riziku
