The burden of proof concerning the money’s source in money laundering crimes

Abstract

The crime of money laundering is established when the source of the suspected money is known. Originally, the person is not asked to present evidence supporting his innocence, but rather the burden of proof lies on the accusing party to prove the illicit source of the possessed money, if the latter persists on its position, according to the provisions of the presumption of innocence principle which is stipulated by the constitution and the legislation. On the other hand, we notice that Algeria is bound internationally to move away from the presumption of innocence principle. The international conventions that Algeria passed encourage the adoption of rules obliging the person to justify the source of his money. In light of the conspicuous contradiction of the information exposed, the present article deals with the attempts of the Algerian legislator to find common ground between the engagement towards the presumption of innocence principle, given that it is a worldwide established principle and the international engagement of Algeria that stipulates the abandonment of such principle.

Keywords

• money laundering
• money’s source
• burden of proof
• presumption of innocence