Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
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The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.
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AUC IURIDICA, Vol 63 No 2 (2017), 41–57
Trestní odpovědnost právnických osob za praní peněz
[Criminal Liability of Legal Persons for Money Laundering]
Vladimír Pelc
DOI: https://doi.org/10.14712/23366478.2017.8
published online: 09. 06. 2017
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.
keywords: crime of moneylaundering; self-moneylaundering; principle against selfincrimination; principle of ne bis in idem; criminal compliance system
Trestní odpovědnost právnických osob za praní peněz is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
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ISSN: 0323-0619
E-ISSN: 2336-6478