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Dissertations / Theses on the topic 'Legitimisation of the proceeds of the crime'
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1
Šefčík, Igor. "Legalizace výnosů z trestné činnosti." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-114255.
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The diploma thesis aims to the problem of money laundering in Czech's law. At the beginning are explained the most frequent terms that are used in this work. The next part is dedicated to the analysis of law environment, institutions and international treaties. The last part contains information about actual methods used in legitimization of the proceeds. The aim of the thesis is to analyze methods of money laundering used in present and assess the quality of instruments used against it in the Czech Republic.
2
Caro, Coria Dino Carlos. "Laundering of Proceeds of Crime Asset Tax." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/122962.
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Although many legal systems criminalizing the laundering of assets derived from a tax crime, in accordance with the principles of the FATF and other international bodies, in this contribution it is argued that the space for the commission of these forms of washing is quite small. insofar as is not acceptable the thesis of the pollution of the total assets of the fraudster, the scale of money laundering is conditioned, as in all cases of laundering, to secure identification, with the minimal evidentiary guarantees of specific goods that come from a previous crime. if this is added to the prescription of tax crime and to the called tax adjustment, it originates the decontamination of the material object, then the scope of these forms of laundering is even more limited. Furthermore, this group of crimes provides a fertileground for strict interpretations, or even restricted, accorded to the objective imputation, as seen for example in the treatment of cases of goods mix.Aunque múltiples legislaciones tipifican el blanqueo de activos que proceden de un delito tributario, en concordancia con los postulados del GAFI y otros organismos internacionales, en esta contribución se defiende que el espacio para la comisión de estas formas de lavado, es bastante reducido. e n la medida que no es aceptable la tesis de la contaminación total del patrimonio del defraudador, la dimensión del lavado de activos está condicionada, como en todos los casos de blanqueo, a la identificación segura, con las mínimas garantías probatorias, de los concretos bienes que provienen de un delito anterior. si a ello se suma que la prescripción del delito tributario y la llamada regularización tributaria dan lugar a la descontaminación del objeto material, entonces el ámbito de estas formas de blanqueo es aún más acotado. Por lo demás, este grupo de delitos proporciona un terreno bastante fértil para interpretaciones estrictas, cuando no restringidas, conforme a la imputación objetiva, como se aprecia por ejemplo en el tratamiento de los casos de mezcla de bienes.
3
Nyarugwe, Raymond Tendai. "An analysis of the Zimbabwean money laundering and proceeds of crime amendment act of 2018." University of Western Cape, 2020. http://hdl.handle.net/11394/8057.
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Magister Legum - LLMFinancial crimes are transnational in nature, and no country is immune from them. They are an international problem that can best be solved through international cooperation on a global scale. It is therefore necessary to have rules and norms that apply worldwide in order to deal with these crimes comprehensively.1 Of particular prominence is the crime of money laundering (ML), which may be defined as the processing of criminal proceeds to disguise their illegal origin.2 This term is relatively new and is broadly defined, with the definitions varying from jurisdiction to jurisdiction. In Zimbabwe, money laundering acts are listed in the Money Laundering and Proceeds of Crime Act 34 of 2013 (the Principal Act).3 The Financial Action Task Force (FATF) is the main international inter-governmental body formed specifically to set AML standards and to promote their implementation globally.
4
German, Peter Maurice. "Confiscating the proceeds of crime : the amendments to Canada's Criminal Code, their force and effect." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28825.
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This thesis examines the amendments to Canada's Criminal Code which target the proceeds of crime by, inter alia, criminalizing money laundering and enabling the confiscation of assets. The amendments represent the central thrust of Canada's contribution in a global effort to stem the traffic in illicit drugs, Canada belatedly following the lead of the United States, Great Britain and Australia.
In the thesis, I argue that the amendments go much further than earlier crime control initiatives and represent a paradigmatic shift from the traditional, single transaction, individual-oriented structure of criminal law to one which is both property-driven and premised upon multiple-transactions perpetrated by criminal organizations. The amendments focus on the proceeds of crime, as opposed to the offender, individual or corporate, their avowed purpose being to neutralize criminal organizations rather than punish offenders.
The effectiveness of the amendments is inexorably tied to the speed by which criminal proceeds can be seized or restrained and thus they operate prospectively, in anticipation of a later conviction. In order to accomplish their objectives, the amendments draw upon concepts previously the preserve of the private law of contract and tort, introducing some which are foreign to the classic norms and traditions of criminal law and sentencing, both substantive and procedural.
The thesis examines the amendments from both a textual and a Charter perspective. In so doing, considerable emphasis is accorded the presumption of innocence, a strong legitimating force in criminal law. Integral to the presumption is the Crown's burden of proof - beyond a reasonable doubt. The legislation's adoption of the civil balance of probabilities test is, therefore, considered its weakest link. Other aspects of the legislation give rise to interpretive and Charter challenges.
The thesis also discusses the need for tracing mechanisms, mandatory financial transaction reporting, the development of a strike force approach to implementation and a sharing of proceeds by law enforcement agencies. Further, the thesis decries any use of the legislation as a tool for plea bargaining or to target petty criminals.Law, Peter A. Allard School of
Graduate
5
Diwa, Zainabu Mango. "Managing the proceeds of crime : an assessment of the policies of Tanzania, South Africa and Nigeria." University of the Western Cape, 2016. http://hdl.handle.net/11394/5469.
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Philosophiae Doctor - PhDThis study assesses the policies for managing recovered proceeds of crime in three countries, namely, Tanzania, South Africa and Nigeria. It considers the role and relevance of asset management in the asset recovery regimes of the three countries. Managing the proceeds of crime divides into two stages: the pre-confiscation stage and the post-confiscation stage. International best practices (IBPs) in asset management have been employed as a yardstick for the assessment. On the face of it, asset management is complementary to asset recovery policy. The management of preserved and recovered assets maintains their value and enables states to apply the assets to other policy objectives after the finalisation of the recovery process. From this perspective, proper asset management arguably lies at the heart of asset recovery policy. Asset recovery as a policy is concerned with the pursuit of two objectives, namely, combating crime and correcting the harm caused by crime. These objectives are encapsulated in two prominent principles: the principle that crime should not pay and the principle of corrective justice. Thus, asset management policy, as an element of asset recovery policy, needs to express these two principles and address their corresponding policy objectives. A number of challenges face the asset management institutions (AMIs) in the three designated states. They fall into two categories: policy challenges and legal challenges. The main policy challenge pertains to unbalanced or skewed policy objectives. Tanzania and Nigeria, in particular, give too much consideration to combating crime and too little to correcting the harm caused by crime to the community. These policy objectives need to be balanced by the states taking seriously the principle of corrective justice as fundamental to asset management policy. In this connection, compensation to victims, funding of institutions dealing with the victims of crime, funding of public good projects and funding of law enforcement agencies are available as ways of addressing the harm caused by the offence and showing commitment to ensuring that nobody suffers loss as a result of crime. Despite the existence and implementation of a proper asset management regime, certain factors affect the value of the preserved and recovered assets negatively. They include enforcement of certain rights in favour of the defendant, such as payment of legal, living and business expenses from the preserved assets, and certain asset recovery procedures, such as plea bargaining, non-conviction based asset recovery and administrative asset recovery. Proper legal controls are required in order to reduce the impact of such factors upon the value of preserved and recovered assets. The study concludes with a focus on the asset management regime of Tanzania. Various recommendations are offered towards the attainment of a Tanzanian regime structured in terms of balanced policy objectives. The recommendations cover three aspects: the general coverage of the law, the functioning of AMIs and the legal control of the factors that were identified as affecting the value of assets during the recovery process.
6
Moroga, Denis wangwi. "An appraisal of the Institutional framework under the Kenyan proceeds of crime and Anti-Money laundering act, 2009." University of the Western Cape, 2017. http://hdl.handle.net/11394/6367.
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Department of Criminal Justice and ProcedureMoney laundering (ML) evolves in tandem with global technological advancement. This phenomenon calls for multi-faceted responsive measures at national and international levels to combat this nefarious crime.1 Today, combating ML requires co-operation among, inter alia, financial intelligence units (FIUs), reporting institutions, law enforcement agencies, the judiciary, as well as inter-state co-operation. In response to the ML threat, Kenya has adopted comprehensive anti-money laundering (AML) laws, such as the Proceeds of Crime and Anti- Money Laundering Act No. 9 of 2009 (POCAMLA) and the Prevention of Terrorism Act No. 30 of 2012. These, among other statutes, constitute the principal arsenal of the AML legal framework.
7
Bogere, Philippa. "Civil recovery of corruptly acquired assets in Uganda." University of the Western Cape, 2014. http://hdl.handle.net/11394/4439.
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8
Brown, Alastair Nigel. "The relationship between international law and Scots criminal law under reference to extradition, mutual legal assistance and proceeds of crime." Thesis, University of Edinburgh, 1999. http://hdl.handle.net/1842/21647.
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A theoretical foundation is laid, noting that treaties require legislative transformation before they take effect in municipal law (other than as interpretative tools in limited circumstances). Criminal courts have, however, not always applied that theory rigorously. Nor have they handled treaty interpretation well. Anglocentricity pervades UK extradition law and, notwithstanding the reform of the law in 1988 and 1989, both municipal law and the UK's international arrangements remain in some respects a poor fit with Scots law. Issues arising from that are explored. It is noted that further development is likely to occur in the context of the Third Pillar of the EU. More generally, it is demonstrated that the Extradition Act 1989 entrenches the dominance of municipal law. Furthermore, courts tend to apply concepts drawn from more general municipal law to the determination of extradition law questions. These (and other) factors justify the view that municipal law has priority in the UK's approach to extradition; though obligations under ECHR may in some circumstances take precedence. Indeed, those obligations sometimes conflict with obligations under extradition treaties. Mutual legal assistance has a much smaller literature than extradition and is therefore analysed more comprehensively in the thesis. The pattern of municipal law priority is repeated; but it becomes clear that policy makers have not always demonstrated a firm grasp of the principles of municipal law to which they have sought to give such priority. The writer has previously published a detailed analysis of proceeds of crime law and comprehensive analysis is not, therefore, required in the thesis. The development of the law is described and it is shown that municipal law and international law have developed in parallel. The influence which international law has exerted on municipal law has been limited. Ultimately, 2 conclusions are drawn. The first is that the relationship between international law and Scots law is not merely unexplored. It is also underdeveloped. The second is that the relationship depends substantially upon the varying policy priorities of UK governments.
9
Meade, John. "Forfeiture and due process, an analysis of the Proceeds of Crime Act, 1996 and its effect on the presumption of innocence in Irish law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq22866.pdf.
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Rose, Gregory John. "Forfeiting legal fees with proceeds of crime: the ability of accused persons to pay ’reasonable legal fees’ out of alleged proceeds of crime." Thesis, 1995. http://hdl.handle.net/2429/3775.
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The Canadian proceeds of crime provisions, Part XTJ.2 of the Criminal Code, are targeted
at enterprises that are motivated by the desire to generate profit and accumulate wealth from
criminal activity. The main purpose of Part XII.2 is to provide the police and prosecution with
powerful new tools to attach the proceeds of crime, and the courts with the power to forfeit such
proceeds.
This thesis will examine how, in recognition of the procedural and substantive problems
with this legislation and in contrast to American legislation, Parliament included numerous
provisions to balance such extensive powers. The balancing mechanisms included a provision that
allows reasonable legal fees to be paid out of seized or restrained property that is alleged to be
proceeds and another that requires an in camera session to be held without the presence of the
Attorney General, to determine the reasonableness of such fees. The Parliamentary record
explicitly demonstrates that the balancing provisions were meant to ensure that the pre-trial
restraint and potential forfeiture of property would withstand Charter challenges, especially with
regard to an accused's rights to counsel, fair trial and full answer and defence. In this thesis I will
analyze the complexities of proceeds litigation and demonstrate how this necessitates adequate
legal representation to ensure that an accused's Charter rights are protected.
This thesis explores in depth how Parliament recognized the need for balancing
mechanisms that permit funds to be released for an accused to retain private counsel. However,
these mechanisms have been significantly narrowed by subsequent judicial interpretation. A result
of this line of authority is that defence work in the proceeds area has become very difficult. If
reasonable legal fees are not taken from seized proceeds, provincial legal aid plans will have to
provide for appropriate counsel. This may not be a realistic option given the funding of these
plans and their stated objection to funding proceeds cases. Therefore, in this thesis I will argue
that if private counsel must be retained the right to counsel could be effectively forfeited, unless a
portion of the seized or restrained assets are released for reasonable legal fees.
This thesis will attempt to provide a coherent basis for future interpretation of the Part
XII.2 provisions that affect legal fees. The approach taken will incorporate the competing
interests of accused persons and the State without undermining the objectives of the legislation.
This thesis will focus on Canadian legislation and jurisprudence, but will also have a comparative
component that examines how these issues have been dealt with in Australia, England and the
United States.
11
Ming-YiChiang and 姜明誼. "The seizure for confiscation and compulsory collection of proceeds of crime." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/2bknrg.
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碩士國立成功大學
法律學系
107
The main purpose of this thesis is to compare the seizure of the proceeds of crime in the Criminal Procedure Law of Taiwan with the Criminal Procedure Law of Germany. The revelation brought by the Criminal Procedure Law of Germany gives advices and references to the revision of the Criminal Procedure Law of Taiwan. After a detailed analysis of the seizure for confiscation and compulsory collection of proceeds of crime in the Criminal Procedure Law of Taiwan and the Criminal Procedure Law of Germany, this thesis argues that Criminal Procedure Law of Taiwan has many shortcomings that can be improved. And this thesis proposes some points as a research result and looks forward to improving the Taiwan legal system. First, search, seizure of evidence, seizure of confiscation and seizure of compulsory collection should have an independent system. Second, the warrant of the seizure of compulsory collection should record the amount of the price and the amount of the guarantee. Third, the legislative density of seizure methods should be increased. Fourth, the legal system for returning object to victims and the victim notification procedure should be established. Fifth, the loophole of legal remedies should be filled. Sixth, the provisions of the potential victim clauses of the eight financial laws should be deleted.
12
Huang, Jen-hung, and 黃仁宏. "A Study of Criminal Legal System on Deprivation of Crime proceeds." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/26914999776707882951.
Full textAbstract:
碩士國立雲林科技大學
科技法律研究所
99
Along with the economic development and social transformation. Crime becomes globalization and diversification. Owing to the disclosure by mass media, an immense crime network which is constructed by corruption and organization crime has emerged. To trace the end, the motive of the crime network comes from its crime benefits. Although there have some penalties to punish theses crimes, however it is does not enough to desist people from committing crime. If we can forfeit the crime benefits, the criminals will lose the motive of perpetration. In practical, some similar measures have been taken, such as confiscation; forced collection and payment or compensation. If these measures could be put into effect, the criminals would not enjoy the fruit of perpetration. Unfortunately, some restrictions about confiscation fail to reach the purpose. For instance, confiscation can do to original crime benefits only rather than its transformations. This restriction reduces the function of confiscation seriously. In the standpoint of the thesis, the ultimate resolution is to make a new definition of present Criminal law .The research aims to redefine the definitions of confiscation; forced collection and payment or compensation via making comparisons between Taiwanese law and foreign law. Finally, the research tries to build a model for legislation in future which is based on crime suppression and human right protection.
13
LIN, Chao Hung, and 林炤宏. "Prevention regulations on major financial fraud-discussing on deprivation proceeds of crime." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/96512474965451891949.
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碩士國立政治大學
法學院碩士在職專班
99
Political and economic changes, incomplete of corporate governance, and imbalance of external supervision mechanism are all reasons for occurrence of major financial fraud. The losses and costs of major financial fraud, in general, are always enormous. Unfortunately, most people, instead of offenders, need to bear the huge losses. As a result, except the strategy of severe punishment, the idea and regulations on deprivation proceeds of crime were introduced to combat these problems in 2004. However, after a period of practicing, how about the application and practice of regulations on deprivation proceeds of crime is. Therefore, we are concerned about: are there any problems or difficulties resulting from criminal legal system and the practice of precedent itself? What we can learn from international conventions and other countries’ similar legal system? The thesis, first of all, attempts to figure out the feature of major financial fraud and the changes of financial regulations. Secondly, we try to explore the history of regulations on deprivation proceeds of crime, the definition and the calculation of proceeds of crime, and whether the regulations on deprivation proceeds of crime are essential for preventing and against major financial fraud or not. Meanwhile, in order to guarantee and protect the fundamental rights of people, we also hope to exam the regulations on deprivation proceeds of crime by the concepts of constitution. In additions, according to the case study, the thesis also longs for exploring what are the practical problems and dilemmas for current regulations on temporary seizure and final forfeiture procedures. At the same time, comparing with the international conventions and other countries’ similar legal system on laundering, search, freeze, seizure and confiscation of the proceeds from crime is also important and useful for this study. Finally, after concluding the relative problems and debates about this topic, of course, the paper hopes to propose a possible approach or legal amendment by integrating legal system modification, legal practice, and foreign legal system.
14
Yeh, Huei-yen, and 葉惠燕. "Researches on Inside Trading involving High-Tech Corporations and the Proceeds of Crime." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/69276128802709524538.
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碩士東吳大學
法律學系
98
This thesis intends to discuss Taiwan’s inside trading regulations based on cases involving Taiwan’s High-Tech corporations and on foreign regulations, theories, and discussions. This thesis also touches upon the difficult issue in Taiwan, which is whether the term “proceeds of crime ” in article 171, paragraph 2 of the Securities Law is a assessment to punishment or to crime. The discussion starts with analysis of academic journals and researches regarding the meaning of inside trading and the choice to prohibit inside trading. Next, it continues to lay out Taiwan’s inside trading regulations, court decisions, and foreign regulations to discuss the important issue of the aforementioned “proceeds of crime”. Last, this thesis will propose the possible amendment of law based on the framework of prohibition against inside trading. This thesis comprises six chapters. In Chapter One, the research motive, goal, scope, and methods will be explained, together with the discussion of related academic documents. In Chapter Two, issues of the meaning of inside trading, the source of inside trading, the necessity to prohibit inside trading, and the popular regulation trend in most countries will be discussed. In Chapter Three, a comparative discussion will be made between regulations in the United States, European Union, Japan, and in Taiwan. In Chapter Four, discussion will focus on the background and historic changes of Taiwan’s Securities Law, the criteria of inside trading, the current legal framework of inside trading, the civil and the criminal responsibilities in violation of inside trading, and the inside trading cases involving Powerchip Technology Corporation, INFODISC Corporation, BenQ Corporation, and OKWAP corporation. In Chapter Five, the proceeds of inside trading will be discussed. Article 171, paragraph 2 of the Securities Law says, “Anyone commits aforementioned crime with proceeds accumulated to 100 billion NT dollars and above, can be punished to the minimum of 7 years imprisonment and be fined to the maximum of 25 billion NT dollars.” This article uses the dollar amount of proceeds to access the punishment, and aggravates fine when proceeds exceeds 100 billion NT dollars. However, the rule cannot provide a clear definition for proceeds of crime in inside trading cases. Therefore, in this chapter, discussions will focus on the definition of proceeds of crime, the accounting of proceeds, and proceeds involving multiple defendants. One specific case regarding Taiwan Land Development Corporation will be detailed discussed on how differently courts accounted the amount of proceeds. In Chapter Six, a conclusion will be made based on the discussion above, together with the author’s view to inside trading cases.
15
Diwa, Zainabu Mango. "Managing the proceeds of crime: a critical analysis of the Tanzanian legal framework." 2013. http://hdl.handle.net/11394/3279.
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Pinho, Ana Sofia Ribeiro de. "Sobre o crime de branqueamento (em particular o conceito de vantagens e a sua relação com a perda de bens)." Master's thesis, 2017. http://hdl.handle.net/10316/83930.
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Dissertação de Mestrado em Direito apresentada à Faculdade de DireitoA presente dissertação aborda o crime de branqueamento, em especial o conceito de vantagem e a relação deste com o conceito de vantagens na perda geral de bens. Desde que se reconhece aos Estados um ius imperio pelo qual governa os seus cidadãos, aqueles sempre intentaram retirar aos criminosos bens que estavam na sua posse, lícita ou ilicitamente adquiridos. Entre esses mecanismos, encontra-se a incriminação do branqueamento. O crime de branqueamento é um crime recente que deve a sua ascensão ao desenvolvimento de novas formas de criminalidade. Este crime encontra-se aos dias de hoje no centro das preocupações estaduais e no centro da discussão jurídica. É um crime que visa tutelar a administração da Justiça, concretamente na vertente da pretensão do Estado em confiscar as vantagens provenientes do crime. O crime de branqueamento orbita em torno do conceito de vantagens. O termo “vantagens” assume diversos significados, quer no ordenamento jurídico português, quer a nível das instâncias supranacionais. É um conceito que tem sido amplamente abordado por aquelas instâncias, mas que não encontra grande desenvolvimento a nível doutrinal. O conceito de vantagem é um conceito amplo, com uma vocação expansiva capaz de abarcar os proventos de um conjunto de actividades criminosas denominadas predicate offences. Estas têm vindo igualmente a expandir-se. As vantagens do crime de branqueamento e as vantagens do regime da perda não se identificam, sendo o último mais amplo do que o outro. Ainda assim, ambos convergem na intenção do Estado em impedir os agentes de usufruírem das condutas criminosas que tenham realizado.
The present dissertation addresses money laundering, specially the notion of proceed and its relation with the notion of proceeds in confiscation. Since States are acknowledged a ius imperio by which they can govern their citizens, they have always intended to take from criminals property that are in their possesion, either legally or illegally obtained. Among such mechanisms we find money laundering.Money laundering is a recent crime that owes its rise to the development of new forms of criminality. It is nowadays at the center of State concerns and at the center of legal discussions. It is a crime that aims to protect the administration of Justice, specifically State’s claim to confiscate the proceeds of crime. Money laundering orbits around the concept of proceeds. The term "proceeds" assumes several meanings, both in the portuguese legal system and at supranational level. It is a concept that has been widely approached by those instances, but it does not find great developments at doctrinal level. The notion of proceed is a broad one, with an expansive vocation able to encompass the proceeds of a set of criminal activities called predicate offenses. These have latelly been expanding as well. The proceeds of money laundering and the proceeds of confiscation do not identify with each other, once the former is larger than the other one. Nevertheless, they both converge at the State's intention to prevent criminals from benefiting from the criminal conducts those have practised.
17
Botes, Christo. "Utilising advanced accounting software to trace the reintegration of proceeds of crime, from underground banking into the formal banking system." Diss., 2008. http://hdl.handle.net/10500/791.
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The aim of this paper is to research how advanced accounting software can be used by police detectives, financial risk specialists and forensic investigation specialists, who are responsible for the investigation and tracing of the reintegration of proceeds of crime, from underground banking into formal banking system (pro active and reactive money laundering investigation) with a view on criminal prosecution.
The research started of by looking at the basic ways how proceeds of crime are smuggled before it is integrated into the formal banking system. In that context, the phenomenon of Underground banking was researched. Currency smuggling, Hawala currency transfer schemes and the way in which it is used to move proceeds of crime were discussed in detail. Thereafter Formal banking and the way in which proceeds of crime is reintegrated from underground banking structures into formal banking systems were discussed.
The use of advanced accounting software to trace the point where proceeds of crime are reintegrated into formal banking were researched extensively. Accounting software and investigative techniques on how to trace financial transactions which might be tainted with proceeds of crime were discussed. Accounting software which can be used on office computers such as laptops were discussed and more advanced automated systems which can be used to trace proceeds of crime transactions in the formal banking systems were also discussed. In specific, the investigative techniques on how to use these systems as investigative tools were discussed in great detail. This research paper gives a truly unique perspective on the financial investigative and analytical angle on proceeds of crime and money laundering detection.Criminal Justice
M.Tech. (Forensic Investigation)
18
Babjaková, Radka. "Legalizace výnosů z trestné činnosti - trestně právní a kriminologické aspekty." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-340849.
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This thesis deals with the issue of money laundering in terms of both criminal and criminological perspective. The aim of this thesis is to analyse the issue of money laundering and to raise questions related to de lege lata discussions and de lege ferenda proposals, to formulate my opinion and to make recommendation for legislative changes. The first part (Chapters 1, 2 and 3) contains the definition of this term and discusses methods in which money laundering occurs. In addition to well-known methods, it is dedicated to new methods focusing on the use of virtual currencies and online computer games. The question of organised crime, which is very close to money laundering, is analysed too. The second part (Chapters 4 and 5) describes international regulation, legislation of the European Union and measures against legitimisation of proceeds of crime in Czech legislation. It is focused on the most important conventions and directives related to money laundering. This part also explains Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism, and activities of Financial Analytical Unit. The third part (Chapters 6 and 7) examines relevant Czech legislation, especially issues of money laundering using legal entities, their criminal liability...
19
Mahon, Denise. "The Influence of Civil Remedies and Proceeds of Crime Grant Programs on Canadian Streetscape Camera Surveillance Systems: Lessons from Six Cities in Ontario." Thesis, 2014. http://hdl.handle.net/1828/5365.
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This thesis explores the influences of provincial grant programs on Canadian streetscape camera systems. Using qualitative interviews (N=32) and document analysis, the study explores the policymaking processes and outcomes of six Ontario cities that have engaged with the Civil Remedies and Proceeds of Crime grants. Grant programs have not only provided the financial support to facilitate the establishment or expansion of camera systems, but they have also encouraged particular patterns of implementation, design and operation of Canadian streetscape systems through the processes and conditions of the grant program, as well as through the encouragement of regional networking, policy learning and policy diffusion via policy tourism. While the Civil Remedies and Proceeds of Crime grants have influenced some similarities in streetscape camera systems, variation exists, particularly concerning privacy policies, due to idiosyncratic interpretation and adoption of diffused policies and an ambiguous and unclear privacy protection framework.Graduate
0626
0627
dennymah@uvic.ca
20
Gonçalves, Júlia Dittrich. "CRIME E CONFISCO: O confisco alargado como o mínimo necessário na luta contra o crime organizado." Master's thesis, 2018. http://hdl.handle.net/10316/85756.
Full textAbstract:
Dissertação de Mestrado em Direito apresentada à Faculdade de DireitoA criminalidade organizada transnacional é uma ameaça global, quer ao nível económico, financeiro, social ou cultural. É preciso conhecer este fenómeno, as suas características e o seu âmbito de incidência de forma a ser possível projectar um combate eficaz. Um dos melhores ataques ao crime organizado passa justamente pela criação e implementação de um eficaz modelo de perda dos instrumentos e produtos do crime. No segundo capítulo debruçar-nos-emos sobre os diferentes tipos de confisco existentes, explorar a Directiva 2014/42/UE, que instituiu o confisco ampliado como regra mínima no domínio da criminalidade particularmente grave com dimensão transfronteiriça, e no funcionamento deste instrumento nos ordenamentos internos de alguns Estados Membros.A criminalidade organizada transnacional é uma ameaça global, quer ao nível económico, financeiro, social ou cultural. É preciso conhecer este fenómeno, as suas características e o seu âmbito de incidência de forma a ser possível projectar um combate eficaz. Um dos melhores ataques ao crime organizado passa justamente pela criação e implementação de um eficaz modelo de perda dos instrumentos e produtos do crime. No segundo capítulo debruçar-nos-emos sobre os diferentes tipos de confisco existentes, explorar a Directiva 2014/42/UE, que instituiu o confisco ampliado como regra mínima no domínio da criminalidade particularmente grave com dimensão transfronteiriça, e no funcionamento deste instrumento nos ordenamentos internos de alguns Estados Membros.A criminalidade organizada transnacional é uma ameaça global, quer ao nível económico, financeiro, social ou cultural. É preciso conhecer este fenómeno, as suas características e o seu âmbito de incidência de forma a ser possível projectar um combate eficaz. Um dos melhores ataques ao crime organizado passa justamente pela criação e implementação de um eficaz modelo de perda dos instrumentos e produtos do crime. No segundo capítulo debruçar-nos-emos sobre os diferentes tipos de confisco existentes, explorar a Directiva 2014/42/UE, que instituiu o confisco ampliado como regra mínima no domínio da criminalidade particularmente grave com dimensão transfronteiriça, e no funcionamento deste instrumento nos ordenamentos internos de alguns Estados Membros.
Transnational organized crime is a global threat that endangers our economic, financial, social and cultural systems. In order to be able to devise an effective combat strategy, it is imperative to understand this phenomenon, its characteristics and its scope of incidence. One of the best combat strategies involves the creation and implementation of an effective confiscation model of instrumentalities and proceeds of crime. In the second chapter, we will focus on the different types of confiscation and will examine Directive 2014/42/EU, which introduced extended confiscation as a minimum rule in the domain of particularly serious crime with cross-border dimensions, as well as the adoption of this legal instrument in the domestic legal order of some Member States.Transnational organized crime is a global threat that endangers our economic, financial, social and cultural systems. In order to be able to devise an effective combat strategy, it is imperative to understand this phenomenon, its characteristics and its scope of incidence. One of the best combat strategies involves the creation and implementation of an effective confiscation model of instrumentalities and proceeds of crime. In the second chapter, we will focus on the different types of confiscation and will examine Directive 2014/42/EU, which introduced extended confiscation as a minimum rule in the domain of particularly serious crime with cross-border dimensions, as well as the adoption of this legal instrument in the domestic legal order of some Member States.Transnational organized crime is a global threat that endangers our economic, financial, social and cultural systems. In order to be able to devise an effective combat strategy, it is imperative to understand this phenomenon, its characteristics and its scope of incidence. One of the best combat strategies involves the creation and implementation of an effective confiscation model of instrumentalities and proceeds of crime. In the second chapter, we will focus on the different types of confiscation and will examine Directive 2014/42/EU, which introduced extended confiscation as a minimum rule in the domain of particularly serious crime with cross-border dimensions, as well as the adoption of this legal instrument in the domestic legal order of some Member States.
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Wilsdorf, Jan Ondřej. "Trestný čin legalizace výnosů z trestné činnosti podle § 216 trestního zákoníku." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-396690.
Full textAbstract:
The Crime of Money Laundering under Section 216 of the Czech Criminal Code Abstract The diploma thesis aims to examine the crime of legalization of proceeds of criminal activities in its narrower sense, i.e. the crime under S. 216 (2) of the Czech Criminal Code. This crime is referred to as "the crime of money laundering" throughout the thesis, as opposed to the crime of possession of stolen goods under S. 2016 (1) of the Czech Criminal Code. The opening chapter reviews the terminology used by Czech law. Then the thesis briefly addresses the phenomenon of money laundering in a broader context; this chapter also provides with statistics of criminal prosecutions for the named crime in the Czech Republic. In a separate chapter, the thesis names some of the most essential international documents adopted in the area of combating money laundering so far. The thesis then describes and evaluates the evolution of the crime of money laundering under Czech criminal law, namely regarding the respective amendments of the law. The following chapter then analyses the most significant elements of the crime of money laundering, and as such, it represents the centrepiece of the thesis. From this analysis, several important and disputed questions arise and are examined further. The thesis emphasizes e.g. the issue of...
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Monteiro, Gracelino Mendes Varela. "Branqueamento de capitais." Master's thesis, 2016. http://hdl.handle.net/10362/20319.
Full textAbstract:
As it´s known, with the elimination of physical boundaries and the advancement of technologies of information and communication, many companies that carry out lawful activities had their activities expanded.
On the other hand, many criminal companies whose purpose is to expand their criminal activities (organized crime) have also emerged, in which their main livelihood is the legitimization of crime products.
Thus, as a result of this situation, in the 80s, many international organizations have begun to fight money laundering, due to the severity and development of this crime. Initially, it was with the 1988 Vienna Convention, Subsequently other international, supranational and regional organizations also began to fight the crime mentioned above.
At the beginning, the only underlying laundering crime was drug trafficking. Then, several states have begun to show some concern with the above situation and ended up creating legislation to combat money laundering.
Cape Verde was not exception and eventually regulate money laundering for the first time in drug law, law number 78 / IV / 93 of July 12th.
The crime of money laundering is the concealment of proceeds of crime in order to prevent its confiscation and its detection by the State. It is considered a serious crime and undermines the achievement of justice. Still, jeopardizes the proper functioning of competition among firms and weakens the intuitions of the state of democratic right, pinching, thus the international image of a state.
In Cape Verde, despite of having followed all the guidelines of combat at legislative levels, there have been only two convictions for the crime of money laundering so far. Thus, one is left with the conviction that this is a symbolic criminal law - when a state due to pressure from the media, international communities and citizens, creates an ineffective criminal type, whose purpose is to win votes with the violation of the classical principles of criminal law.Como é sabido, com a eliminação das fronteiras físicas e o avanço das tecnologias de comunicação e de informação, muitas empresas que exercem as suas actividades de formas lícitas expandiram as suas actividades. Por outro lado, surgiram também muitas empresas do crime, cuja finalidade é expandir as suas actividades criminosas (crime organizado), em que a legitimação dos produtos do crime constitui o seu principal sustento. Assim, como fruto desta situação, na década de 80, devido à gravidade e ao desenvolvimento deste crime, muitas organizações internacionais começaram a lutar contra o branqueamento de capitais. Inicialmente, foi com a Convenção de Viena de 1988. Posteriormente, outras organizações de caris internacionais, supranacionais e regionais começaram também a lutar contra o crime atrás mencionado. No início, o único crime subjacente ao branqueamento era o tráfico de droga. Depois, vários Estados começaram a mostrar alguma inquietação com a situação acima descrita e acabaram por criar a legislação de combate ao branqueamento. Cabo Verde não fugiu à regra e acabou por regular o branqueamento de capitais pela primeira vez na lei de droga, lei nº. 78/IV/93, de 12 de Julho. O crime de branqueamento de capitais consiste na dissimulação dos produtos do crime, com a finalidade de impedir o seu confisco e a sua detecção por parte do Estado. É considerado um crime grave e lesa a realização da justiça. Ainda, põe em perigo o bom funcionamento da concorrência entre as empresas e fragiliza as intuições do estado do direito democrático, beliscando, deste modo, a imagem internacional de um Estado. Em Cabo Verde, apesar de se ter seguido todas as orientações de combate aos níveis legislativos, até a data só houve duas condenações pelo crime de lavagem de capitais. Deste modo, fica-se com a convicção de que estamos perante um direito penal simbólico - quando um Estado, devido às pressões da comunicação social, comunidades internacionais e dos cidadãos, cria um tipo penal ineficaz, cuja finalidade é de ganhar votos, com a violação dos princípios clássicos do Direito Penal.
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Pelc, Vladimír. "Trestný čin legalizace výnosů z trestné činnosti." Doctoral thesis, 2016. http://www.nusl.cz/ntk/nusl-352053.
Full textAbstract:
The dissertation thesis thoroughly examines the crime of legalization of proceeds of criminal activities (the crime of money laundering) as it is stipulated in the contemporary Czech Criminal Code. The crux of the thesis is an analysis of the most significant elements of the crime of money laundering that are legal objects (general values protected by criminal law), actus reus (physical elements of a crime), mens rea (mental elements of a crime) and offender (person who commits a crime). Within the framework of that analysis, all of the important and disputed questions relating to this crime are examined, e.g. a complex problem of legal objects of the crime of money laundering or a question of liability for so-called self-money laundering. The detailed analysis of the elements of the crime of money laundering is based on a research into the most important phenomenological aspects of money laundering (chiefly the grounds for money laundering, origin of money laundering and nature of the process of money laundering, including the means of realization of money laundering) and a research into the historical development of the elements of the crime of money laundering in the Czech legal order. Apart from an analysis of the matter of guilt, the dissertation thesis also consists of a relatively in-depth...
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Šváchová, Lucie. "Komparace nástrojů boje proti legalizaci výnosů z trestné činnosti v ČR a SRN." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-346071.
Full textAbstract:
The subject of my thesis is the identification and subsequent comparison of legal instruments which are intended to fight against legalization of proceeds of crime, which is also referred to as money laundering, in the Czech Republic and in the Federal Republic of Germany. The first chapter is to familiarize the reader with the issue of money laundering, therefore it provides the definition of the phenomenon of money laundering and also describes the typical phases of this process. The second chapter is devoted to international institutions that deal with money laundering on the supranational level and whose activities are then reflected in international standards. The third chapter deals with legislation related to the fight against legalization of proceeds of crime in the Czech Republic. First I focus on the history of the development of the struggle against money laundering in the country and subsequently describe particular laws designed to regulate the rights and obligations relating to the effective fight against this phenomenon. Further I describe particular obligations that fall on subjects, which may be confronted with efforts to launder money within its activities, and characterize individual institutions that are involved in the fight against money laundering. The fourth chapter is...
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Azzi, Nancy. "L’avocat comme méthode de blanchiment d’argent." Thèse, 2017. http://hdl.handle.net/1866/19711.
Full textAbstract:
Ce mémoire traite du blanchiment d’argent. Précisément, il propose une réflexion sur la question suivante : les avocats, cabinets d’avocats et notaires du Québec devraient-ils être assujettis à la Loi sur le recyclage des produits de la criminalité et le financement des activités terroristes? Pour en arriver à une réponse, nous dressons d’abord une définition du recyclage des produits de la criminalité et en analysons l’historique. Puis, nous étudions la pièce maitresse de la stratégie canadienne de prévention du blanchiment d’argent, soit la Loi sur le recyclage des produits de la criminalité et le financement des activités terroristes. Par la suite, nous examinons la question de l’assujettissement des avocats, des cabinets d’avocats et des notaires du Québec en exposant le risque de blanchiment d’argent chez ces professionnels, les multiples tentatives du législateur canadien de légiférer en la matière et une analyse de la décision récente de la Cour suprême du Canada sur ce sujet. Enfin, nous offrons des solutions à l’assujettissement de ces professionnels afin d’éliminer le risque de voir leurs services utilisés à des fins illégitimes.This thesis focuses on money laundering. Specifically, it reflects on the following question: should lawyers, law firms and Quebec notaries be subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act? In order to obtain an answer, it first sets out to seek a definition of money laundering and examines its history. Furthermore, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is analyzed in great detail. Finally, the question whether lawyers, law firms and Quebec notaries should be included in the scope of the Act is studied by exposing the risk of money laundering with these professionals and by undertaking an examination of the Canadian legislator’s multiple attempts to include them as well as an analysis of the Supreme Court of Canada’s recent decision on that matter. In conclusion, it proposes solutions to include these legal professionals in order to eliminate the risk that their services will be used for illicit purposes.
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Baloyi, Rhulani Portia. "An evaluation of money laundering investigation at the Financial and Asset Forfeiture Investigation Unit of the South African Police Service in Pretoria." Diss., 2020. http://hdl.handle.net/10500/26907.
Full textAbstract:
This study evaluated money laundering investigation conducted at the Financial and Asset Forfeiture Investigation (FAFI) Unit of the Directorate for Priority Crime Investigation (DPCI) in Pretoria. Data were collected through semi-structured interviews conducted with financial and asset forfeiture investigators attached to the DPCI who are responsible for investigating money laundering. From the results of this study, it became apparent that participants experience a number of challenges in the investigation of money laundering. This study makes recommendations that could empower investigators at the FAFI of the DPCI with enhanced skills and knowledge to effectively investigate cases of money laundering.Criminology and Security Science
M.A. (Criminal Justice--Forensic Investigation)
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Thenga, Godfrey. "A critical analysis of the policing of counterfeit goods in South Africa." Thesis, 2018. http://hdl.handle.net/10500/25343.
Full textAbstract:
The researcher conducted a critical analysis of the policing of counterfeit crime in South Africa. A pure qualitative research design and approach was adopted. A literature review, interviews and observations were conducted to provide an overview of this problem nationally and internationally.
Interview schedules were designed with pre-determined open-ended questions, which allowed participants to explain their perceptions, opinions and viewpoints on the policing of counterfeit in South Africa. Some of the designed questions were mailed to respondents.
Questions were posed to members of the Specialised Commercial Crime Unit, members of the South African Police Service’s Crime Prevention Unit, members of the Department of Trade and Industry who deal with counterfeit, prosecutors who normally prosecute counterfeit cases, brand owners/holders/representatives, and attorneys who assist in the policing of counterfeit crime.
The findings of this study informed the proposed recommendations for preventative and reactive response mechanisms. These proposed recommendations suggest ways of improving efficiency and effectiveness in policing counterfeit in South Africa.Criminology and Security Science
Ph. D. (Criminal Justice)
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Van, Jaarsveld Izelde Louise. "Aspects of money laundering in South African law." Thesis, 2011. http://hdl.handle.net/10500/5091.
Full textAbstract:
Money laundering involves activities which are aimed at concealing benefits that were acquired
through criminal means for the purpose of making them appear legitimately acquired. Money
laundering promotes criminal activities in South Africa because it allows criminals to keep the
benefits that they acquired through their criminal activities. It takes place through a variety of
schemes which include the use of banks. In this sense money laundering control is based on the
premise that banks must be protected from providing criminals with the means to launder the
benefits of their criminal activities.
The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the
Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s
anti-money laundering regime. Like its international counterparts FICA imposes onerous duties
on banks seeing that they are most often used by criminals as conduits to launder the benefits of
crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates
civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the
idiosyncrasies of the South African anti-money laundering regime and forwards
recommendations aimed at improving its structure.
To this end nine issues in relation to money laundering control and banks are investigated.
The investigation fundamentally reveals that money laundering control holds unforeseen
consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud
or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example,
the filing of a suspicious transaction report. However, if the bank files a suspicious transaction
report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank
parted with the benefits of fraud or theft whilst suspecting that the account holder may not be
entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover
loss suffered at the hand of the fraudster or thief from the bank.
Ultimately, this study illustrates that amendment of some of the provisions of South
Africa’s anti-money laundering legislation should enable banks to manage the aforementioned
and other unforeseen consequences of money laundering control whilst at the same time
contribute to the South African anti-money laundering effort.Criminal and Procedural Law
Mercantile Law
LL.D.