جريمة إنشاء مصرف صوري : دراسة مقارنة

Abstract EN

The crime of establishing a mock bank is achieved by following the legal methods regulating the establishment of private banks, including what it requires from submitting an application to the central bank, and the approval of the latter on the application submitted to him and then issuing it to authorize the establishment of that bank, except that the latter does not perform a banking activity such as the activities that banks are used to doing, such as doing With the operations of banking, brokerage, and buying and selling currency, it is rather used as an interface that hides money laundering operations and conceals its illicit source, And because the pictorial bank represents a danger that threatens the security of the banking system, the anti-money laundering and terrorist financing legislation has criminalized the mere fact that the perpetrator created the pictorial bank, even if that bank did not undertake any of the money laundering operations and conceal its illicit source, and this crime is achieved once the perpetrator executes The material act constituting it, even if that behavior did not result in a material criminal offense, this crime does not require that the fictitious bank undertake its illegal activity represented in money laundering operations, but this crime is realized as soon as the offender completes the construction act even if it does not result in a material criminal result.

Since the legislator did not require that this crime be a result of a material crime, it is considered a formal crime, in addition to that it is accomplished by just committing the material act that constitutes it, which makes it a temporary crime that does not require that the perpetrator continues to carry out his criminal behavior, or that the photo bank performs his activities in washing operations The funds and the concealment of their illicit source for a period of time, but are realized once the establishment of that bank and requires only a limited period of time, in addition to this crime is a positive crime that requires positive activity is the establishment of a photo bank that does not have any physical presence and is not subject to effective banking supervision, as not It requires only one verb that is the act of creation, even if the perpetrator does not repeat or get used to it.