Lutte contre le blanchiment des capitaux par la monnaie électronique en RD Congo : Apport et défis du Droit pénal du numérique

Electronic money is experiencing remarkable expansion in the Democratic Republic of Congo, offering unprecedented financial inclusion. This digital revolution unfortunately comes with risks, such as the risk of these new channels being misused for money laundering. A thorough review of the means to combat this is therefore urgently needed. Digital criminal law represents a major contribution to regulating this ecosystem and punishing offenses. Its implementation faces immense challenges: adapting texts, training judicial actors, and international collaboration. A balanced approach, promoting innovation while protecting the integrity of the financial system, is necessary for the country's economic future. The objective of this article is to assess the effectiveness and relevance of Congolese digital criminal law in preventing and punishing money laundering via electronic money. To achieve this goal, we used a mixed methodology. This approach combines doctrinal analysis and empirical examination to provide both a theoretical and practical understanding of the subject. It will compare the legal texts with the reality of their application on the ground in Congo. The main results of this research demonstrate that only 38% of suspicious transaction reports were made by electronic money institutions in 2022, which implies that the transactions of nearly 61% of the population are beyond the control of the banking system and cannot be detected if they are involved in money laundering, terrorist financing, or proliferation financing. Empirically, several electronic money distributors surveyed freely claim to carry out daily transactions exceeding the regulatory threshold, i.e., $500; and nearly 70% go to accounts whose identifiers do not match the declared beneficiary. These findings highlight the existing gap between legal and regulatory requirements and the reality on the ground. Keywords: Money laundering, money, electronic money, criminal law, digital, etc.