Author: Harun Başlı
The Effects of Money Laundering on the Penal and Justice System
The main motivation resources of organized crime organizations that are the proceeds of crime or most commonly known as dirty money is involved in the system by disrupting the basic building blocks that sustain that political and economic system in the process of legitimizing of dirty money. The dirty money is primarily effective on economic and financial structures as of the financial value it represents. But given the broad scale, it appears that it has destroyed the political structure of the system that the black money is entering and the basis of that political structure that are democratic values, system of punishment, and ultimately, the perception and understanding of justice.
Launderers often benefit from the deficits of the functioning legal system of countries. On the other hand, global and regional actors such as the United Nations, the Financial Action Task Force (FATF) within the Organization for Economic Co-operation and Development (OECD) and the European Commission set the struggling principles by taking measures against money laundering. The countries are obliged to comply with these standards and take the necessary national measures to ensure that the dirty money enters its own economic and political system and does not disrupt their normal functioning. In addition, countries are expected to comply with global sanctions and measures to effectively combat money laundering. Launderers choose countries where in the process of undertaking these measures and standards are not good enough or in the process of transition to democratic legal system, and try to launder and integrate these proceeds from the crime within that system.
Firstly, smuggling of drugs, smuggling of weapon and ammunition, human trafficking, and organized corruption crimes are serious threats to national security of countries, as well as to international security. There is an integral and cyclical link between these root offences and proceeds of crimes, which are important security threats. On one hand, the proceeds of crimes are being legitimized; on the other hand, the finance is being provided to commit new crimes. Organized criminal groups that commit these crimes seek to control the institutions of countries and public officials in these institutions through threats, bribes or blackmails to continue their illegal activities. The most important factor to be controlled is the officers in the judicial mechanism. By bribery and threats, minor penalties are given to the elements of organized criminal groups or execution of criminal offence is obstructed in different ways. In this way, the organized criminal groups continue their illegal activities with its money and power.
And sometimes, the top officials of the state are actively involved in committing of these crimes, which means not the influence of organized criminal groups on public officials but the state is formed as a self-organized crime group. At this stage, the persons involved in a normal organized crime group may be the ones who have held the different mechanism in the government. Now legal entity of the government works like a criminal organization. Roles and responsibilities related to crimes are assumed by people under state administration. In this case, all institutions that sustain the political system, especially the justice system, begin to act on mentality of the criminal organization. In such a political system, it is useless to talk about justice, human rights, or democratic and legal rules. Thus, that state becomes a security threat to both its own citizens and the entire international community.
Either in the event that an organized crime group enters a normal and routine political system, or individuals and groups involved in the state legal entity act as organized crime group, the breaking point of the system is the justice mechanism. Once the justice mechanism has become unfunctional, any illegal activity can be carried out easily. In this respect, the primary goal of those who are trying to commit money laundering and legitimize these proceeds of crimes is to disrupt the justice mechanism and then try to penetrate the system as they want.
Therefore, when struggling against organized crime groups and sources of their incomes, the justice mechanism, which is an important building block in this respect, must be secured primarily and kept away from any influence and pressure. The ability of the criminal justice system to perform the function, as expected, in the fight against crime and particularly in the fight against money laundering depends on the effective implementation of national norms, which must comply with rule and principles of universal law. In particular, in order to ensure that prevention and combatting activities are successful, the precautions and measures taken are national-based, as well as effective use of the necessary facilities and capabilities in the international arena are of particular importance.
