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Czech legislation on extended confiscation of proceeds of crime - theory and practice
Sláma, Jáchym ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
Directive 2014/42/EU obliges the Member States of the European Union to introduce the extended confiscation of proceeds of crime method into their legal systems. The Czech Republic has transposed this method into the protective measure of forfeiture (confiscation) of a portion of assets under Section 102a of Act No. 40/2009 Coll., the Criminal Code, and related provisions. The aim of this paper is to describe the method of extended confiscation at both the theoretical and practical levels. On a theoretical level, the thesis aims to define the method of extended confiscation, its place in the asset recovery process, and in the system of confiscation methods whose reflections can be seen in confiscation instruments across European legal systems. On a practical level, the aim of the thesis is to provide a detailed interpretation of the forfeiture of a portion of assets, an instrument that represents the extended confiscation method in the Czech legal system. The thesis uses an analytical and normative approach to the examination of extended confiscation and forfeiture of a portion of assets. The main objectives are reflected in the structure of the thesis, which is divided into three parts. The first part deals with the theoretical level. First, the thesis introduces confiscation as one of the steps...
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