Explaining the Challenges and Gaps in Combating Money Laundering from the Perspective of Criminal Policy in Iran and England

Abstract

Money laundering has emerged as a central concern of contemporary criminal policy due to its role in facilitating organized crime, economic corruption, and the legitimization of illicit financial flows. This study provides a comparative analysis of the criminal policy frameworks of Iran and England in addressing money laundering, with particular emphasis on identifying structural challenges and legal gaps. The research adopts a descriptive-analytical and comparative legal methodology, drawing upon doctrinal sources and existing scholarly literature to examine legislative, executive, and judicial dimensions of anti-money laundering systems in both jurisdictions. The findings indicate that while England benefits from a more integrated and mature anti-money laundering regime characterized by institutional coordination, preventive mechanisms, and regulatory coherence, it also faces challenges related to over-expansion of preventive measures and the potential erosion of procedural safeguards. In contrast, Iran has made significant progress in developing its anti-money laundering framework, particularly through legislative reforms and institutional innovation; however, it continues to encounter notable deficiencies, including ambiguity in legal definitions, insufficient coordination among enforcement bodies, challenges in addressing cryptocurrency-related laundering, and tensions between preventive approaches and fundamental legal principles such as the presumption of innocence. The study further demonstrates that both systems struggle with adapting to technological developments and ensuring effective international cooperation. Ultimately, the research concludes that effective anti-money laundering criminal policy requires a balanced approach that integrates legal clarity, institutional coordination, technological adaptability, and the protection of fundamental rights.