Use of the results of operational-search activities as evidence in criminal investigations connected with money laundering or legalization of any other property obtained by crime

The fight against money laundering is one of the priority directions of the anti-criminal policy worldwide. Having an international character, this phenomenon forms the financial base of crime, including transnational organized one. The author outlines the need to solve the problem of the use of intelligence as evidence in criminal cases. The examples of criminal investigations connected with money laundering or legalization of any other property obtained by crime are given. When investigating these crimes, the matter of primary importance is new sources of evidence often characterized as insufficient and difficult to assess. The author identifies the cardinal problems of the proving process in criminal cases of given type. The ways of getting information important for the investigation are considered. The causes due to which these sources cannot be used in criminal cases as direct procedure evidence are determined. The article describes the significant facilities in identifying money laundering by means of operational-search activities. The authors state that the facilities are not fully implemented. There are some gaps both in operational support of investigation and in criminal cases of operative accounting initiated by agencies of operational-search activities. The authors describe the main gaps in implementing the materials of operational-search activities against persons suspected of money laundering or legalization of any other property obtained by crime. The necessity of giving evidential significance to the information received from undercover sources is proposed. Some amendments to part 9 of Article 166 of the Criminal Procedure Code of the RF are proposed.