The Prevention and Suppression of anti-money laundering derive from corruption

Abstract

The purpose of this research is to review the measure to prevention and suppression of anti-money laundering derive from corruption. This research methodology is the qualitative research by studying Thai’s relevant laws concerning anti-money laundering derive from corruption which is the Anti-money Laundering Act B.E. 2542. In addition, this research aim to examine predicate offence by focusing on the following offenses: offenses relating to malfeasance in office, or malfeasance in judicial office under the Penal Code, offenses pertaining to the law governing public officials of a state enterprise or government office, or offenses pertaining to malfeasance or dishonesty in carrying out official duties under other related laws. The research findings reveal that the measure to prevention and suppression of antimoney laundering derive from corruption still contains certain problems with respect to its vagueness in prescribing the predicate offence under section 3(5) of the Anti-money Laundering Act B.E. 2542. It is recommended that the Act should be amended by applying predicate offences of foreign law as a guideline in order to prescribe clearly predicate offences relating corruption for implementation in Thailand and cover all corruption crime both in public and private sectors. Moreover, the ministerial regulation should be include the list of predicate offences for all corruption crime which derive from money and assets.