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The crime of money laundering
Minařík, Martin ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
1 The crime of money laundering Abstract This Master's thesis on the topic of legalisation of proceeds of crime aims to offer a complex analysis of the problematic aspects of this crime in its narrower sense, under the provisions of section 216 (2) and its negligence form in Section 217 (1) of the Criminal Code. The thesis in its opening part focuses on the terminology used in Czech law and the differences between the terms "legalisation of proceeds of crime" and "money laundering" and explains why it tends to use the latter term. The second part of the thesis is focused on the historical evolution of this crime in Czech criminal law and explains reasons for its incorporation in the old Criminal Code, and all the changes this crime has gone through, during the time in which the old Criminal Code was effective. The following part of the thesis focuses on the evolution of the crime of money laundering in the currently effective Czech Criminal Code with a special focus on the most recent amendment, which resulted in the merger of crimes of money laundering and crime of participation on the proceeds of crime in the Section 216 of the Criminal code. The third chapter of the thesis is focused on the most important international organisations and international documents which have built the foundations of...
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International Cooperation in the Field of Anti - Money Laundering
Hladká, Michaela ; Karfíková, Marie (advisor) ; Boháč, Radim (referee)
International Cooperation in the Field of Anti - Money Laundering The submitted thesis deals with the topical and very important issue which is international cooperation in the field of anti - money laundering (or the legitimisation of the proceeds of crime). This field is described as the very core element of the fight against money laundering in the introduction of the work. On the other hand this is also the element with many deficiencies that establish the basic obstacles in the scope of this fight. The aim of this work is to describe this type of international cooperation, to detect its main shortcomings and to suggest possible solutions. Anti - money laundering international cooperation is described in detail in the framework of this thesis on legislative and practical level through the analytical, comparative and historical methodologies, while the field of administrative law is stressed. The introductory chapters deal with explanation of basic terminology and institutes connected with this topic, the types of international cooperation in the field of anti - money laundering, the history of this issue, and the detailed exploration of the sources of law (international, European and national). In the next chapters the role of authorities, organizations and other entities involved in this type...
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The Crime of Money Laundering under Section 216 of the Czech Criminal Code
Wilsdorf, Jan Ondřej ; Pelc, Vladimír (advisor) ; Beranová, Andrea (referee)
The Crime of Money Laundering under Section 216 of the Czech Criminal Code Abstract The diploma thesis aims to examine the crime of legalization of proceeds of criminal activities in its narrower sense, i.e. the crime under S. 216 (2) of the Czech Criminal Code. This crime is referred to as "the crime of money laundering" throughout the thesis, as opposed to the crime of possession of stolen goods under S. 2016 (1) of the Czech Criminal Code. The opening chapter reviews the terminology used by Czech law. Then the thesis briefly addresses the phenomenon of money laundering in a broader context; this chapter also provides with statistics of criminal prosecutions for the named crime in the Czech Republic. In a separate chapter, the thesis names some of the most essential international documents adopted in the area of combating money laundering so far. The thesis then describes and evaluates the evolution of the crime of money laundering under Czech criminal law, namely regarding the respective amendments of the law. The following chapter then analyses the most significant elements of the crime of money laundering, and as such, it represents the centrepiece of the thesis. From this analysis, several important and disputed questions arise and are examined further. The thesis emphasizes e.g. the issue of...
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The Crime of Money Laundering
Pelc, Vladimír ; Jelínek, Jiří (advisor) ; Sváček, Jan (referee) ; Ivor, Jaroslav (referee)
The dissertation thesis thoroughly examines the crime of legalization of proceeds of criminal activities (the crime of money laundering) as it is stipulated in the contemporary Czech Criminal Code. The crux of the thesis is an analysis of the most significant elements of the crime of money laundering that are legal objects (general values protected by criminal law), actus reus (physical elements of a crime), mens rea (mental elements of a crime) and offender (person who commits a crime). Within the framework of that analysis, all of the important and disputed questions relating to this crime are examined, e.g. a complex problem of legal objects of the crime of money laundering or a question of liability for so-called self-money laundering. The detailed analysis of the elements of the crime of money laundering is based on a research into the most important phenomenological aspects of money laundering (chiefly the grounds for money laundering, origin of money laundering and nature of the process of money laundering, including the means of realization of money laundering) and a research into the historical development of the elements of the crime of money laundering in the Czech legal order. Apart from an analysis of the matter of guilt, the dissertation thesis also consists of a relatively in-depth...
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Anti-money laundering measures in EU
Vondráčková, Aneta ; Tomášek, Michal (advisor) ; Bakeš, Milan (referee)
in English language Anti-money laundering measures in EU The presented thesis is devoted to current issue, namely measures to combat money laundering. The thesis primarily deals with measures adopted at the EU level, but due to the fact that these measures are based on the documents adopted at the international level, the thesis brings their short characteristics as well. The aim of the thesis is to analyze the anti- money laundering measures taken so far particularly at the EU-level, to draw attention on the imperfections of relevant legislation and to analyze this negative phenomenon in the practical context in relation to the profession of lawyer and the activities of banks. The thesis brings a critical evaluation of existing legislation and proposals de lege ferenda.
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International tax evasion
Piatková, Daša ; Filipová, Vladimíra (advisor) ; Drozen, František (referee)
This thesis is focused on two aspects of tax havens and the issue whether tax havens are generally beneficial. Objective of the thesis is to describe the benefits of legitimate use of tax havens and to outline the causes and consequences of the fight of international organisations and developed countries against countries considered to be tax havens. In addition to these basic information there are also mentioned the ways of using tax havens and the most common legal forms, that are able to exploit their benefits. In the last part of the thesis, the results of my own survey, which purpose was to ascertain the view of entrepreneurs and managers on the use of tax havens, are shown.
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Counter-Terrorism Financing Measures
Švejda, Jiří ; Trávníčková, Zuzana (advisor) ; Druláková, Radka (referee)
The thesis examines counter-terrorism financing measures adopted at UN level, by the EU and by the Czech Republic in the aftermath of 09/11/2001. The study answers such questions as which measures are effective in the Czech Republic and by what means they are implemented, what are the causes of their adoption and the objectives to be achieved. Trends determining ongoing evolution in this domain are also developed on the basis of the analysis.
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Role daňových rájů v mezinárodních hospodářských vztazích
Černý, Matěj ; Taušer, Josef (advisor) ; Cibulková, Iveta (referee)
Práce se zabývá problematikou daňových rájů. První část je zaměřena na hlavní charakteristiky daňových rájů. Další část se již věnuje hlavním formám podnikání v offshore centrech, v návaznosti na hlavní metody daňového plánování. Práce umožňuje čtenářům udělat si vlastní názor na roli daňových rájů ve světové ekonomice a posoudit výhody a nevýhody jejich existence.
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