Why is impossible that the perpetrator of predicate criminal offence be a money launderer
Keywords:
money laundering; predicate offence; ostensibly ideal competition; tax fraud; burden of proof; financial investigationAbstract
The emergent form of this paper, and maybe even the style of writing significantly deviates from the form that we usually meet. The importance of solving problem isnt just the matter of correct legal qualification but primarily the defence of 'the physics among social sciences', and that is criminal substantive law. Not single filed of law has ever been so close to natural sciences. It is about that either we respect the system or we try with the attempt of 'pulling the brick out' by which we ruin everything that has been made. It would be rather interesting when we would, in case of neurosurgeon 'pull out' his knowledge of brain anatomy and than let him operate. The norms of the basic part of criminal substantive law with their 'above the law nature' have come to the doorstep of reason, to protect it. One who decides to change or violates them must be very careful not to enter in change or breach of the reason. Further on, we will see that 'playing' with the basic part of criminal substantive law withdraws with it validity and need of the criminal judiciary existence and criminal lawyers at all. The question that we here deal with reminds us of predominance that basic part has over the special simultaneously warning on fraudulence of the norm lex specialis derogat legi generali. The relevant international acts as well as the situation in comparative law are also analyzed in the paper. The writer asks the reader to overlook the fact that these lines are written by the student and jurist that is at the beginning of dealing with this profession.
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Copyright (c) 2015 Nikola Vuković
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