نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، دانشگاه قم، قم، ایران
2 استاد دانشگاه قم، قم، جمهوری اسلامی ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
This study examines the evidentiary aspects of civil liability claims against banks for money laundering within a comparative framework involving Iraq and Iran. It explores how breaches of anti-money-laundering obligations may constitute civil fault and how such fault can be proven. The significance of the study lies in enhancing the protection of injured parties, promoting the stability of banking transactions, and strengthening civil deterrence as a complement to criminal deterrence by establishing clear judicial standards for due diligence, reporting, and record-keeping. The principal research question is the extent to which a breach of the duty to report suspicious transactions and violations of due diligence requirements may be regarded as judicial presumptions of civil fault. The study also examines how damage and causation may be established and how the amount of compensation should be determined in light of the distinctive characteristics of money laundering. The study employs descriptive, analytical, and comparative methods. It applies the rules governing evidence and case management and connects specific anti-money-laundering regulations with the general rules of civil liability and compensation. The findings indicate that breaches of disclosure and production orders, electronic records, and banking expert evidence are among the most decisive means of completing the evidentiary basis required to establish civil liability. Compensation encompasses both pecuniary and non-pecuniary damage. Moreover, the “natural and probable consequence” test constitutes the most important basis for attributing the damage to the defendant
کلیدواژهها [English]
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