The identification and financial analysis of property suspected to constitute proceeds of crime is a difficult activity that must be carried out before such assets can be frozen, seized or confiscated. The lawful seizure of assets as the enforcement of a sentence or a protective measure, or for satisfaction of a claim for damages, requires that the assets be secured in a way that prevents them being placed outside the public authorities' control and limits the potential for the laundering of funds and their use in further crimes. Effective identification and analysis depends on the active and effective detection and documentation of both the direct proceeds and indirect benefits of crime, their location, character, status and value, the prevention of changes in the persons who have ownership or disposal rights to the assets as well as determination of the total assets of the accused (suspect). The aim of the present paper is to focus attention on the financial analysis of selected assets related to financial markets and new forms of money. It should be emphasised that as technology evolves, it is mirrored by innovation in financial markets and equal development of financial analysis focusing on innovative forms of money. The basic indicator with the greatest significance for financial analysis is regulation and especially whether it covers the relevant forms of money. If they are subject to regulation (in this case by the central bank), they are easier to identify and secure. Things are different if they are not directly regulated by legislation or if they not subject to supervision.
Security, living environment, or entrepreneurship ecosystem is determined by wide array of factor. We tackle organized crime issues, which can cause potential insolvensy. In this article, the authors deal with a set of European Court of Human Rights decisions concerning the right to a fair trial and the use of an agent in criminal proceedings. From the investigated decisions, the authors conclude that the individual Slovak regulation, agent provocateur under § 117 par. 2 second sentence of the Criminal Procedure Code, a priori, is not inconsistent with decisions of the European Court of Human Rights. This is subject to the condition that the provision in question of the Criminal Procedure Code is interpreted in accordance with the principles established in the decisions of the European Court of Human Rights.
The purpose of this commentary is primarily to analyse the judgment of the ECtHR in case of Chocholáč v. Slovakia on 7 July 2022 and the related ruling of the Constitutional Court of the Slovak Republic of 2017. In these decisions, the courts dealt with the general prohibition on the possession of pornographic materials in the serving of a prison sentence. What is interesting about these decisions are the fundamental substantive differences in terms of the assessment of the legitimacy and proportionality of that prohibition in relation to the right to privacy and the right to information of persons in the serving of a prison sentence. The practical implementation of the ECtHR decision must be seen in the context of the problems of the Slovak prison system.
Trafficking in human beings is a serious organised crime that appears in several forms. Sexual exploitation is the most common form of trafficking in human beings. The European Union combats sexual exploitation by harmonising substantive criminal law (Directives 2011/36/EU and 2011/93/EU) and certain procedural issues and by actively enforcing its policies. Nevertheless, the statistical data from the Member States concerning this crime indicate that the fight against this serious social phenomenon is not sufficiently effective. The European Commission has proposed a reform of Directive 2011/36/EU, but several aspects of this reform are insufficient and problematic.
The authors of this article based on a specific case, which is an example of the hypertrophic application of criminal repression, present an analysis of the issue of fault by negligence, especially the issue of existence and demonstration of the subjective aspect of negligence. Attention is also paid to the principle of limited security in traffic, the essence of which is the fact that a person who relies on adherence to the rules by others does not necessarily act in negligence.
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