The Problematic of the Burden of Proof and the Presumption of Innocence in Money Laundering Offences: A Study under Algerian Law and International Conventions

Abstract

The study addressed the issue of the burden of proof and the presumption of innocence in money laundering crimes, highlighting the Algerian legislature's efforts to reconcile the principle of presumed innocence as a constitutional right with international obligations to combat such crimes, particularly by requiring the accused to justify the source of suspicious funds. Law 23-01, which amended Law 05-01, reflected this approach by establishing the possibility of confiscating funds even without a conviction and establishing the independence of the crime of money laundering from the original crime, reflecting a shift in the philosophy of proof towards judicial flexibility that takes into account the nature and complexity of the crime. However, despite its aim of enhancing the effectiveness of the fight against money laundering, this amendment has raised uncertainty about which party bears the burden of proof in such cases.