Confiscation of Criminal Proceeds Through Criminal Law
Confiscation of Criminal Proceeds Through Criminal Law

Summary/Abstract: This article presents a critical analysis of the Czech system of criminal sanctions targeting ownership. It addresses the deprivation of assets derived from criminal activity in a broader sense, that is, not only in terms of forfeiture or seizure, but as encompassing any transfer of assets from the offender to the state, including, for example, through the imposition of a monetary penalty. The system of such sanctions comprises both penalties and protective measures, namely the penalties of forfeiture of assets, monetary penalty, and forfeiture of things, as well as the protective measures of seizure of things and seizure of part of the assets. In particular, the regulation of the monetary penalty has recently undergone a fundamental transformation, one that is likely to give rise to substantial developments in the future. The author evaluates the Czech legal framework and its practical application from the perspective of effectiveness and proportionality, as these two values are decisive for the fulfilment of the fundamental functions of criminal law and for the administration of criminal justice in accordance with the concept of human rights and the principle of humanism. Further, in its de lege ferenda assessment, the article refers to a broad range of foreign legal systems.

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