Criminal Liability of Legal Persons for Money Laundering Cover Image

Trestní odpovědnost právnických osob za praní peněz
Criminal Liability of Legal Persons for Money Laundering

Author(s): Vladimír Pelc
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: crime of moneylaundering; self-moneylaundering; principle against selfincrimination; principle of ne bis in idem; criminal compliance system

Summary/Abstract: The contribution develops general knowledge with regard to the issue of criminal liability of legal persons as a whole, specifically in relation to the crimes of legalization of proceeds of criminal activities and legalization of proceeds of criminal activities by negligence that are designated as the crime of moneylaundering and moneylaundering by negligence in this article. The author examines step-by-step all the elements of the crime of moneylaundering, he focuses chiefly on the so-called originary parts of that elements (the so-called originary part of subjective and objective element of a crime of legal person). From the point of view of the question of eventual exculpation from criminal liability, he presents some specific steps that should be taken by legal persons in the course of their compliance systems. The author follows and develops his opinions regarding a complexity of “legal objects” (protected values) of that crime and is rather of the view that the most important primary object is a value consisting in the administration of justice; economic interests on purity of economic relations come only after that. Also, he firmly holds the position that a prosecution of the so-called selfmoneylaundering is not correct, although the all-European tendency is undoubtedly against this.

  • Issue Year: 63/2017
  • Issue No: 2
  • Page Range: 41-57
  • Page Count: 17
  • Language: Czech