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Perspectives on the development of the constituent elements of the crime of money-laundering

Publication at Faculty of Law |
2018

Abstract

The contribution deals with the development perspectives of the constituent elements of the crime of money-laundering, which, probably under the influence of a pressure exerted by the Committee of Experts on the Evaluation of Anti-money Laundering Measures (MONEYVAL), shall be modified in the most significant way since its enactment in 2002. The respective provisions shall presumably return to the time when the elements of the crime of handling stolen goods and the crime of money-laundering were concentrated in one criminal offence.

The author of this paper criticized especially non-conception of the proposed amendment based on the mistaken assumption that the Czech legislation is incompatible with international documents and that an enactment of one broad (all-embracing) legal definition of the criminal office shall have the effect of more effective prosecution of a negative social phenomenon, which the money-laundering undoubtedly is. Given the fact that Czech current legislative practice does not deal with the problems of the constituent elements of the crime of money-laundering repeatedly described in the doctrine, its development is considered as unpromising.