Improvement of Criminal-Legal Counteraction to the Use of Bank Accounts in Criminal Schemes

Abstract

This article examines the gaps in the criminal legislation of the Republic of Uzbekistan regarding liability for the activities of "drops" (money mules) — individuals who provide their own bank accounts and payment instruments to facilitate criminal schemes — as well as "drop organizers" who arrange and coordinate such activities.

The author conducts a systematic analysis of the existing criminal offences in the banking sector in order to determine their applicability to the aforementioned persons. In particular, the study considers the provisions on liability for unauthorized fund transfers, money laundering, violations of personal data legislation, and a number of related offences. The institute of complicity, with particular emphasis on aiding and abetting, is examined as a potential legal instrument for holding drops criminally liable in the absence of a specific norm.

The article concludes that significant gaps in legal regulation currently impede the effective prosecution of individuals who provide financial instruments for criminal purposes. The author substantiates the need to introduce a dedicated criminal law offence providing for differentiated liability depending on the degree of the person's awareness of the unlawful nature of their actions.