The Philosophy of Anti-Money Laundering: Between Support and Opposition

Abstract

This study examined the philosophy of money laundering criminalization in criminal jurisprudence by analyzing the debate between proponents and opponents of criminalization. Supporters view criminalization as an effective means of combating the proceeds of crime and cutting off the sources of organized crime, whereas opponents argue that expanding criminalization may undermine constitutional guarantees and the presumption of innocence. The study adopted both analytical and deductive approaches and concluded that the criminalization of money laundering constitutes a legal necessity for protecting financial and economic security. However, this objective should be pursued while maintaining a balance between the effectiveness of criminal policy in combating money laundering and the protection of fundamental rights and freedoms through precise legislative and procedural.