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Article
Publication date: 4 April 2024

Karunanithi Kanagaraj and Ramalinggam Rajamanickam

The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Abstract

Purpose

The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Design/methodology/approach

A thorough exploratory analytical analysis signifies that such illegally obtained evidence from money laundering offences is admissible, provided it does not undermine the administration of justice or the right to a fair trial.

Findings

By virtue of the lack of written or codified rules governing the admissibility and exclusion of illegally obtained evidence in cases involving money laundering, the rule of admissibility remains the primary foundational principle for the governance of the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Originality/value

The Malaysian Criminal Justice System has historically relied on the long-standing admissibility principles to admit and exclude illegally obtained evidence. For decades, courts have used their discretion to admit illegally obtained evidence based on the relevancy test, and they have further demonstrated to use the same discretion to exclude gravely prejudicial evidence. Evidence obtained illegally but if relevant to the matter in issue is deemed admissible. Evidence derived from an act associated with unlawful activities or a predicate offence in money laundering may be obtained illegally, which may influence the prosecution case and conversely, defend the accused’s rights to a fair trial.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 21 November 2023

Afzal Izzaz Zahari, Jamaliah Said, Kamarulnizam Abdullah and Norazam Mohd Noor

This paper aims to employ the use of focus groups composed of enforcement officers to explore and identify the financial methods used by terrorism-related organisations in…

Abstract

Purpose

This paper aims to employ the use of focus groups composed of enforcement officers to explore and identify the financial methods used by terrorism-related organisations in Malaysia.

Design/methodology/approach

The study used an open-ended question and focus group methods to gather information from 20 Malaysian enforcement officers with extensive experience in dealing with terrorism-related activities, as they strive to prevent and counter terrorism incidents. In addition, experienced practitioners and field experts also contributed to the study.

Findings

The study reveals various innovative financial methods used by terrorist-linked organisations to evade detection by local enforcement agencies. These findings are consistent with previous research, which highlights the intelligence of these organisations in avoiding detection by financial regulators.

Research limitations/implications

The findings are based on the perspectives of enforcement officers involved in preventing and countering terrorism activities. Further research could be conducted to gather insights from other government agencies, such as the judiciary or local agencies.

Practical implications

The study offers practical suggestions for organisations and institutions on effectively monitoring and taking appropriate actions in financial activities related to terrorism.

Originality/value

This study provides unique insights into the financial methods of terrorism-related organisations in an emerging country in Southeast Asia. Its findings can be applied throughout the region, given the country’s global connectivity. Furthermore, the study is distinctive in that it provides information from enforcement officers within terrorism-related government organisations, an area where resources are limited. The study also considers the impact of the pandemic on the development of these financial innovations by terrorist organisations.

Details

Journal of Criminological Research, Policy and Practice, vol. 10 no. 1
Type: Research Article
ISSN: 2056-3841

Keywords

Expert briefing
Publication date: 10 April 2024

Donors have over the past year sharply cut humanitarian assistance to Syrians both inside and outside the country, citing funding shortfalls and record levels of global need. Food…

Details

DOI: 10.1108/OXAN-DB286347

ISSN: 2633-304X

Keywords

Geographic
Topical
Expert briefing
Publication date: 21 March 2024

In February, President Abdelmadjid Tebboune announced that Algeria is planning free trade zones with Niger and Mali, despite increasingly volatile ties with the latter. That same…

Abstract

Details

Compliance and Financial Crime Risk in Banks
Type: Book
ISBN: 978-1-83549-042-6

Abstract

Details

Compliance and Financial Crime Risk in Banks
Type: Book
ISBN: 978-1-83549-042-6

Expert briefing
Publication date: 15 December 2023

From the influential Awagir tribe, Bargathi was assured by eastern-based forces that it was safe for him to return to his hometown, but clashes erupted after his arrival…

Details

DOI: 10.1108/OXAN-DB284043

ISSN: 2633-304X

Keywords

Geographic
Topical
Book part
Publication date: 13 May 2024

Ashutosh Verma

Introduction: The COVID-19 pandemic was unprecedented, and none of the world’s think tanks could have predicted how far it would spread. People visualise the pandemic as a classic…

Abstract

Introduction: The COVID-19 pandemic was unprecedented, and none of the world’s think tanks could have predicted how far it would spread. People visualise the pandemic as a classic example of a VUCA environment (an environment characterised by volatility, uncertainty, complexity, and ambiguity). Managing COVID-19 requires unique and different leadership qualities.

Purpose: This study’s rationale emphasises that VUCA demands strategic and agile leadership. Leaders across the globe must acknowledge the fact that the elements of VUCA, i.e. volatility, uncertainty, complexity, and ambiguity, are not synonymous and hence need differential treatment. Also, recommend adopting agile leadership to tackle the VUCA world.

Methodology: This is a conceptual study focusing on agile leadership. The study addresses the challenge of leading in the VUCA environment. The constituting components of VUCA are differentiated, followed by an extensive literature review of agile leadership.

Findings: VUCA is the new normal and is there to stay. Business leaders still need to counter VUCA due to their incapacity to distinguish and treat the components equally. Furthermore, there is an emergent need to develop an agile workforce, agile organisations, and agile leadership to combat VUCA. The study indicates that business leaders must be agile enough to handle the COVID-19 pandemic and future crises. There is a constant need to ensure agility. This study will provide a deep insight into VUCA and help business leaders emerge victorious in turbulent times.

Details

VUCA and Other Analytics in Business Resilience, Part A
Type: Book
ISBN: 978-1-83753-902-4

Keywords

Abstract

Details

Radical Environmental Resistance
Type: Book
ISBN: 978-1-83797-379-8

Book part
Publication date: 19 April 2024

Rania Maktabi

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific…

Abstract

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.

Details

A Comparative Historical and Typological Approach to the Middle Eastern State System
Type: Book
ISBN: 978-1-83753-122-6

Keywords

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