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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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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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Current issues of money laundering
Krulcová, Aneta ; Krupička, Jiří (advisor) ; Pelc, Vladimír (referee)
The thesis deals with current issues of the phenomenon of legalization of proceeds of crime, popularly known as money laundering. Money laundering is an illegal act intended to disguise the criminal origin of the proceeds of crime and to create the appearance of legally acquired income. In recent decades, it has qualified as one of the most pressing and serious global criminal issues. The ambition of the thesis is to contribute to a better understanding of this complex phenomenon. The thesis also aims to analyse in more detail recent legislative changes in the area of substantive criminal law and to assess whether these are an appropriate step to ensure more effective combating of money laundering. The thesis is divided into four parts. In the beginning, the thesis explains the terms of legalization of proceeds of crime and money laundering. It then presents how money laundering is carried out in practice and highlights the evolution of laundering methods from the traditional simpler domestic methods to modern highly sophisticated offshore laundering schemes. The second part of the thesis provides an overview of the legal regulation of money laundering, with an emphasis on domestic criminal law, as well...
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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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