THE FIGHT AGAINST MONEY LAUNDERING AND FINANCINGTERRORISM : COMPARATIVE STUDY OF FRENCH AND LIBYAN LAW
The fight against money laundering offences and terrorist financing is a primary concern of States and international organizations, due to the threats generated by these two acts against the integrity of the financial system and global security. The reflections carried out within the framework of this thesis reveal the duality of the measures likely to fight against these two phenomena, which are focused on prevention and repression. After having addressed the international framework of this fight against money laundering and terrorist financing offences, in a preliminary chapter.This thesis, in its first part, highlights the autonomy of the substantive rules governing the criminalization of money laundering and terrorist financing. While money laundering is an offence of consequence, which necessarily implies the commission of an original offence, without losing its distinct and autonomous character, terrorist financing is an obstacle offence, a particular form of criminal conspiracy, which the legislator has established as an autonomous offence.In the second part, this research reveals the conceptual unity of the preventive regimes against money laundering and terrorist financing (starting with the obligation of vigilance, passing through the obligation to report suspicions, and ending with the procedures for freezing assets and seizing property), and of the sanctions applicable to the fight against these two incriminations.The comparative nature of this study allows us to note recent progress on the part of the Libyan legislator in order to make this fight effective, thus allowing reducing the gap between French and Libyan law, despite the existence of certain flaws in the Libyan legislation.This comparative study is an opportunity for us to make proposals for the evolution of the Libyan legislation in terms of anti-money laundering.
Keywords: Money laundering; Financing of terrorism; Crime; Criminal law; Comparative study; France; Libya.