جريمة تمويل الإرهاب في التشريع الإماراتي " دراسة تحليلية مقارنة بالتشريع الجنائي المصري" | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 18, Volume 8, Issue 4, December 2022, Pages 983-1036 PDF (553.66 K) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2022.273225 | ||
| Author | ||
| إمام حسنين خليل عطا الله | ||
| جامعة زايد المستشار بالمركز القومى للبحوث الاجتماعية والجنائية | ||
| Abstract | ||
| Study summary The crime of financing terrorism in the UAE legislation "An analytical study compared to the Egyptian criminal legislation" This study aims to study and analyze the UAE criminal legislation of combating the financing terrorism in the light of the international and regional agreements ratified by the state, especially Federal Decree Law No. (20) of 2018, as well as Federal Law No. 7 of 2014 regarding combating terrorist crimes in its Provisions related to money laundering and terrorism financing, and an indication of their adequacy and efficiency in limiting and punishing terrorism financing operations, in a comparative framework with Egyptian legislation and in the light of relevant international and regional agreements. The study adopted two methodology approaches: the first is the analytical descriptive approach by analyzing the provisions of the UAE legislation in force in the field of combating money laundering and terrorism financing and other comparable Arab legislation. The second is the comparative approach by comparing UAE legislation with what was stated in international and regional conventions, and Egyptian criminal legislation of combating financing of terrorism, to show the aspects of agreement and differences between them, and the impact of this on the policies of prevention and punishment for such grave acts. At the international level, the analysis relied on the International Convention for the Suppression of the Financing of Terrorism issued in 1999, and the United Nations Convention against Transnational Organized Crime signed in Palermo - Italy in 2000 -. As for the regional level, reliance will be on the analysis of the texts of the Arab Convention to Combat Money Laundering and the Financing of Terrorism Issued by the Council of Arab Ministers of Interior and Justice, in Cairo (December 2010). As for the Arab legislation, the comparison was with the legislation of the Arab Republic of Egypt, as it was issued simultaneously with Federal Law No. 4 of 2002 regarding combating money laundering, and many amendments were attached to it in order to conform to the requirements and standards of the international confrontation of money laundering and terrorist financing, as is the case. UAE legislation; Egyptian anti-money laundering legislation was promulgated by Law No. 80 of 2002 and its amendments, the most recent of which was the amendment introduced by the President of the Arab Republic of Egypt’s Decree by Law No. 36 of 2014. In addition to Presidential Decree No. (94) of 2015, regarding the promulgation of the Anti-Terrorist Crimes Law, which represents the legal framework for combating terrorist financing crimes. The study was divided into three sections. The first section dealt with the concept of financing terrorism and funding sources. In the second section, the study dealt with the elements of the crime of financing terrorism (material and moral). In the third section, the study dealt with the provisions of punishment for the crime of financing terrorism. All of this is in accordance with the Arab criminal legislation, the International Convention on Combating the Financing of Terrorism, and the Arab Convention on Combating Money Laundering and the Financing of Terrorism. | ||
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