Metodika vyšetřování finanční kriminality

Mgr. Jan Balciar

Master's thesis

Investigating methods of financial criminality

Abstract:

Financial criminality has far-reaching social and economic consequences on the internal stability of the state. To a large degree it manifests itself as a complex commercial law and criminal law problem the solution of which requires special expertise and constantly renewed know-how not only from those in legislative bodies but also from personnel at relevant state administration and law enforcement authorities. The financial criminality is one of the most terrifying phenomenons in the transforming economics of the Czech Republic. It had started with number of colossal movements of property since the Velvet revolution. The current Criminal Code contains individual offence definition covering criminal activity in the financial sphere many of which were devised or reformulated only after the Velvet revolution. In my opinion these provisions of the Criminal Code are still not sufficiently effective. Law enforcement bodies are not able to combat financial criminality quickly enough or to the full scope of its operation. Also crucial is the fact a large number of commerce-related offence definitions clearly interlink with legal norms outside financial law which regulate the financial sphere and economic behavior. It is above all the quality and clarifies of these norms outside criminal which have become the target of criticism by personnel from law enforcement bodies as was evident from the completed survey. Well devised legislation however in case of financial criminality does not guarantee the effectiveness and success of the fight against this crime. Insufficient resources both human and material are continuing problem in criminal prosecution for financial criminality as well as insufficient specialization by law enforcement bodies. The correct interpretation and application of criminal law regulations requires an expert approach by sufficiently specialized law enforcement bodies and other state authorities. Another factor vital to success in combating this kind of crime is to have the required level of expert knowledge of the financial climate and of financial tools while being aware of the possibilities for their effective use. Also necessary is a basic knowledge of customary financial activities and of sanctioned gaps between conduct which is still legal and conduct which is already criminal. For this reason it is probably appropriate to continue to deepen the specializations of law enforcement bodies encouraging their individual members to extend both theoretical know-how. This would certainly bring forth fruit as regards increasing their professional self-confidence and another desirable benefit could also be a long awaited improvement to the judiciary dealing with economic criminality. It is encouraging that both public prosecutors and judges have interest in education precisely of this kind and their specific requirements look towards sector-based forms of education which have even been precisely formulated. This dissertation tries to sum up recent various theoretical knowledge about investigation methods of the financial criminality. My objective is to describe procedure of prosecute inquire, detecting and prosecution for financial criminality by law enforcement bodies.

Keywords

metodika vyšetřování finanční kriminality, trestný čin, orgán činný v trestním řízení, hospodářská kriminalita

Language used: Czech

Date on which the thesis was submitted / produced: 18. 4. 2006

Thesis defence

• Date of defence: 27. 4. 2006
• Supervisor: doc. JUDr. Alexandr Nett, CSc.

Masaryk University

Faculty of Law

Master programme / field:
Law and Legal Science / Law