Criminal Police Inspection Kriminalpolizeinspektion Mit Zentralaufgaben Obervaly. Part II.
pplk. JUDr. David Zámek, JUDr. Jan Kuržeja, Ph.D., Ing. Vratislav Dvořák, Ph.D.
This second part of the analytic study follows the research project of the programme “Security Research” VD200720110B19. The study is orientated on topical legislative options of hedging draining proceeds of property and proceeds from criminal activity in the FRG. The aim of this analysis is in accordance with the European community law to evaluate the current legislative measures taken against legalization of proceeds from criminal activity in the framework of their legal regulation (the law about prevention of money laundering and financing terrorism). This part of the study also evaluates the possibilities of bodies active in penal proceedings and in continuation of elaborated legislative measures and activities from illegal material benefit – unjustified enrichment – in dependence on violating other then criminal-law norms.
Keywords: material benefit, source crime, proceeds from criminal activity, hedge institutes and operations, confiscation, freezing and retaining proceeds, dispossession, forfeiture, legalization of proceeds from criminal activity, money laundering.