Problems of Return Asset Connected with the Commission of An Offense to the Damaged Persons Caused by the Predicate Offence Under The Anti-Money Laundering Act, 1999
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Abstract
The Anti-Money Laundering Act 1999 does not provide a meaning "injured person of the predicate offence " therefore, it can be interpreted differently and must protect the rights of the injured person in the predicate offence at the same time as the property related to the offense to become the State, this causes problems in the work of the study, compared with foreign law, it was found that the criteria for identifying the person who is the injured person directly from the predicate offense and because the anti-money laundering law purposes to inhibit the cycle and reduce the incentives of crime through forfeiture of money of criminals, when the said property is returned or reimbursed to the injured person, the honesty of the injured must be considered as well as the legal virtue. In this regard, it must be regarded as the service of the State that must protect the victim’s right to the predicate offence because considering that the state is acting inadequate in the prevention and deterrence of crime. This article therefore recommends stipulating the meaning of the injured offences in the Anti-Money Laundering Act, B.E. 1999, there shall also be remedies for the person who does not qualify as the injured person of the predicate offence, the competent official of the relevant State is obliged to take action to protect the right to the injured person in the predicate offence, no matter how small the value of the assets related to the offense seized or attached and determine it as the power of the Anti-Money Laundering Office to consider the return or reimbursement of the injured person for the predicate offence from the property that the court has ordered forfeiting of property.
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