Criminal Prosecution

The standard view is that it is the criminal law that should deal with offenders, as crimes are wrongs against the public. Successful prosecutions ensure that criminals are brought to justice and are punished, which has the effect of deterring potential offenders from committing crimes and enhancing the public's trust in law enforcement agencies and the criminal justice system as a whole.

Criminal proceedings have been described as "officially designated ceremonies of guilt designation" and the label "criminal" carries with it a social stigma, which is not imposed on the losing party in a civil action. Because of this, and the punishments that may be imposed by criminal courts, legal systems provide greater procedural protections than those available to a respondent in a civil case e.g. criminal proceedings require a higher standard of proof than that applied in civil proceedings. This means that law enforcement must obtain sufficient admissible evidence for there to be a realistic prospect of a conviction before a prosecution can be brought. This has the benefit of improving the expertise of law enforcers, the development of new techniques in investigations and how evidence is presented by prosecutors and ensures that criminal laws are updated to deal with the increasing sophistication of organized crime.

Wherever there is sufficient available evidence a prosecution should ensue, so at to deter criminals and professional money launderers, to make it harder for criminals to legitimize the proceeds of their crimes, to improve public confidence in the criminal justice system and to protect the integrity of professional and financial institutions.