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Forfeiture of Proceeds of Crime in the Czech Republic. Section to Coordinate the Struggle Against Corruption www.vlada.cz. The Office of the Government of the Czech Republic. The Office of the Government of the Czech Republic. Mgr. Milan Kryštof Čech, DBA e-mail: [email protected]. - PowerPoint PPT Presentation
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1
Forfeiture of Proceeds of Crime in the Czech Republic
2The Office of the Government of the Czech Republic
Section to Coordinate the Struggle
Against Corruption
www.vlada.cz
The Office of the Government of the Czech Republic
3The Office of the Government of the Czech Republic
Mgr. Milan Kryštof Čech, DBA
e-mail: [email protected]
4The Office of the Government of the Czech Republic
The Czech law enables only the forfeiture of proceeds of crime in criminal proceedings
Act. No 141/1961 Sb. Criminal Procedure Codex (procedure)
Act. No 40/2009 Sb. Criminal Codex (final decision)
5The Office of the Government of the Czech Republic
The general conditions for the forfeiture of property acquired offense according to the Czech law:
property was acquired by offense or as a reward for them and do not belong offender
property was acquired in exchange for property acquired by criminal offense
6The Office of the Government of the Czech Republic
Detection phase
Obligation to render a thing and forfeiture of a thing - Article 78 and 79 of CPC
Securing financial means on a bank account – Art 79a of CPCSecuring financial means on an account of a saving and credit co-operative- Art 79b of CPCSecuring of booked securities - Art 79c of CPC
Seizure of real estate – Art 79d of CPC
Seizure of another asset value – Art 79e of CPC
Seizure of equivalent value – Art 79f of CPCInvestigation phase (after a particular individual is charged with a specific crime)Seizure for the purposes of satisfaction of claims of the damaged party – Art 47 of CPC
Securing the execution of the judgement of confiscation of property – Art 347 of CPC
Legal possibilities of seizure in Criminal Procedure Codex (CPC)
7The Office of the Government of the Czech Republic
Punishment
Confiscation of property – Art 66 of CC
Pecuniary penalty – Art 67 of CC
Confiscation of a thing or other asset value – Art 70 of CC
Confiscation of equivalent value - Art 71 of CC
Protective measure
Forfeiture of a thing or other property value – Art 101 of CC
Forfeiture of substitute value – Art 102 of CC
Legal possibilities of confiscation in Criminal Codex (CC)
8The Office of the Government of the Czech Republic
Sources of information on the property:
In the Czech Republic exist only two complete central registers of property: the Land Register - records the ownership of real estate in the country the Register of Companies - records the majority of business companies
There is no central register of bank accounts.
There is no general obligation to submit property statements which gives a chance easy compare the legal revenue and acquired property; so it always is necessary to prove that a unclear acquired property is conected with illegal (criminal) activity. Although exists central register of dematerialized securities, also exist anonymous shares.
9The Office of the Government of the Czech Republic
The most common problem is efforts of offenders to hide assets or hide true origin of his property.
The amount of forfeiture assets gradually declined until 2009 when it was in 2010 developed a new methodology for searching and documenting ties between property and the offenders.
10The Office of the Government of the Czech Republic
Basics of the new metodology
establishment of a central methodological workplace for whole Police by UOKFK
each police workplace which deals with the criminal investigation have a specialists who are working only in area forfeiture proceeds
include evaluation of secured proceeds in the assessment of Police Chiefs
evaluation of all investigated cases in terms of removing the proceeds of crime
evaluation judgments in which were not withdrawn secured proceeds of crime to find possible causes to have a chance improve police work
11The Office of the Government of the Czech Republic
Legal and real situation requires intensive police work because we can not simply count for purposes forfeiture only the property listed in public records.
Moreover, common strategy of offenders is use „WHITE HORSE“ - fake owners real estate or business companies. It is therefore necessary to look after such things like:
as a connection offenders to the specific company through multiple firms in more levels as a minority shareholders
whether the offender or one of this firms does not pay for electricity, water or etc. in the building which has no formal relationship
12The Office of the Government of the Czech Republic
For the possible forfeiture, assets has to be first finded and secured. It is the responsibility of the Police.
„Police financial investigation“ is a part of the investigation of fundamental offence, which have to detect, document and seizure of assets of crime or the substitute value for the purposes of the enforcement of punishment or satisfaction of claims of the damaged party in criminal proceedings.
13The Office of the Government of the Czech Republic
Number of police experts, who deal only financial investigations
UOKFK …........…………………............. 28 officers (12 experts of Department of Tax Fraud and Money Laundering 16 financial investigators throughout other departments and branches of UOKFK (Unit Combating Corruption and Financial Crimes)
Unit Combating Organized Crime …..... 12 officers National Anti-Drug Squad ……………... 10 officers Regional Directorates (14x approx. 3 experts) .. 42 officers District Police Directorates (81 x 1-2 experts on financial
investigation) ........………………………….…128 officers
Total .…………………..………………... 210 officers
14The Office of the Government of the Czech Republic
Police are authorized to carry out the preliminary securing assets, but within 48 hours about seizure of property has to decide:
during investigation – public Prosecutor during the court proceedings - Judge
15The Office of the Government of the Czech Republic
The role of Police financial investigators
Performs financial investigation on a request of case responsible officer.
Actively searches cases in which should be provide financial investigation.
Carries out summary financial investigation – this process is not limited to administrative steps, it includes operational investigation, analysis, acts related to seizure, measures related to storage of seized assets.
Shares information on legal/tactical obstacles encountered while investigation.
Investigates cases of legalization of proceeds of crime. Searches for cases related to legalization of proceeds from
crime.
16The Office of the Government of the Czech Republic
Seized assets - statistics 2004 – 2011 (x 1.000.000 CZK; 1 EURO = 24,915 CZK)
provisionally secured finally withdrawn
0
500
1000
1500
2000
2500
3000
2004-2005 2006 2007 2008 2009 2010 1. pol. 2011
2836
1449
736
1350 1312 1283
1944
683
1049
708
1338
10161211
1570
Zajištěnu Zůstatek po vrácení
0
500
1000
1500
2000
2500
3000
3500
4000
4500
2004-2005 2006 2007 2008 2009 2010 2011 I. pol. 2012
2836
1449
736
1350 1312 1283
4301
2262
6831049
708
13381016
1211
3 904,0
2225
Zajištěnu Zůstatek po vrácení
17The Office of the Government of the Czech Republic
Ratio damage caused by crime and confiscated property (x 1.000.000 CZK; 1 EURO = 24,915 CZK)
Year Seized propertyConfiscated property
Damage caused by all types of crime
Percentage of damage caused by crimes and confiscated property
2004-2005 2 836 683 42 984 6,6
2006 1 449 1 049 24 269 6,0
2007 736 708 22 782 3,2
2008 1 350 1 338 31 625 4,3
2009 1 312 1 016 26 012 5,0
2010 1 283 1 210 24 103 5,3
2011 4 301 3 904 27 395 15,7
I. half 2012 2 262 2 225 20 255 11,2
18The Office of the Government of the Czech Republic
MagnusWeb, BIZguard
Software applications that enables to interconnect and visualize outputs from different open sources :
commercial register, trade register, insolvency register, distraint proceedings, information on securities issued in the Czech Republic, media monitor.
19The Office of the Government of the Czech Republic
MagnusWeb
an extensive database of economic information. It contains data about Czech enterprises and stock market
contains information about securities issued in CZ territory, description of events related to Czech enterprises and economy
covers relevant press services includes the archive of Collection of Documents (from
Commercial Register) and a tool for financial analysis
20The Office of the Government of the Czech Republic
MagnusWeb
21The Office of the Government of the Czech Republic
MagnusWeb – basic inquiries
The system enables to search information on specific natural/legal person in user friendly environment
22The Office of the Government of the Czech Republic
MagnusWeb – advance inquiries
Advanced inquires enable to :• depict tree-structured file,• visualize financial statements in relevant period,• print out summary overview
23The Office of the Government of the Czech Republic
MagnusWeb – tree-structure
•
Summary report in tree-structured file contains: name, identification, registered seat, creation date, contact details, number of employees, annual turnout, financial statements, ownership, composition of executive bodies, auditors, customers, data from Collection of Documents, media coverage, information from the internet
24The Office of the Government of the Czech Republic
MagnusWeb – Financial Statements
25The Office of the Government of the Czech Republic
BIZguard
Database application that creates a graphic image of interconnection
among economic subjects in the Czech Republic. The application extracts data from
MagnusWeb database.
26The Office of the Government of the Czech Republic
BIZguard – outcome example
27The Office of the Government of the Czech Republic
BIZguard – outcome example
28The Office of the Government of the Czech Republic
Conclusion
Also in situation when:
absent property statements, non-existent central register of bank accounts, exist anonymous shares
is possible to achieving excellent results in withdrawing the proceeds of crime,
29The Office of the Government of the Czech Republic
but:
is needed to have more police specialists only for this activity,
is needed to build an effective organization of the police,
is necessary to use powerfull software tools to evaluate all the information and links it.
30The Office of the Government of the Czech Republic
Thank you for your attention