考察尼日利亚反洗钱制度的管辖范围

Bariyima Sylvester Kokpan
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引用次数: 1

摘要

政府的主要责任之一是确保公民的生命和财产安全。为此,政府将某些被视为对公众利益有害的行为定为刑事犯罪。这些行为包括创造财富的方式和方式,以及对合法赚来的钱的用途的询问。2011年尼日利亚《反洗钱(禁止)法》(经修订)禁止尼日利亚境内外的非法收入和犯罪诱导投资。然而,法律在界定构成犯罪的行为范围时,最终将所有非法行为定为刑事犯罪,无论是否与金钱或财产或金融机构有关。该法案似乎对合法收入用于恐怖主义和邪教等非法和犯罪目的的投资也保持沉默。本文的立场是,该法案的定义范围不是模糊的,而是不平衡的。本文建议对该法案进行修订,以关注全球反洗钱制度的原始目的
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Examining the Jurisdictional Scope of Nigeria's Anti Money Laundering Regime
One of the primary responsibilities of government is to ensure the security of lives and property of its citizenry. To this end, governments criminalizes certain conducts that are seen to be obnoxious to the general public good. Such conducts includes the way and manner of creating wealth as well as the interrogation of the purpose for which monies earned legitimately are utilized. The Nigeria’s Money Laundering (Prohibition) Act, 2011, (as amended) prohibits illicit earnings and criminally induced investments in and out of Nigeria. However, the law in defining the scope of conducts that constitute offences ended up criminalizing all unlawful conducts, whether or not it has anything to do with money or property or the financial institutions. The Act also seems silence on the investment of legitimate earnings on illegal and criminal purpose, such as terrorism and cultism. It is the position of this paper that the definitional scope of the Act is not ambiguous but lopsided. The paper recommends that the Act be amended to focus on the original purpose for global anti- money laundering regimes
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