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Evaluation of the Recommended Changes in the Scope of the Criminalization of Money Laundering — a Comparative Law Approach

100%
Pływaczewski E., Guzik-Makaruk E., Filipkowski W.
Internal Security
|
2015
|
vol. 7(2)
185-204
EN
The paper concerns the scope of the criminalization of the offence of money laundering in the criminal law systemsof three selected countries: Germany, Switzerland and the UK. Its intention is to make some comparisons with the proposalof the Criminal Law Codification Committee of the Polish Parliament, which is very radical in respect of this. The authors criticallyaddress this proposal. In their summary they state that the direction of Committee’s proposal take Polish legislation back 14 years.It does not take into account the contemporary forms of money laundering nor the way this phenomenon is being criminalizedin selected European countries. It must be emphasized that the changes recommended by the Criminal Law Codification Committeewill not enter into force. Nevertheless, they indicate the direction of the amendments intended by its members. The effect of theirwork is not satisfactory because it would not improve the effectiveness of prosecution of perpetrators of money laundering. However,the attempt to depart from the casuistic and extensive aspect of the offence as to the deed, which has caused many interpretationproblems, must be appreciated. This change would be in line with the trend of the amendments that have been adopted so farin Art. 299 of the PC, after the entry into force of the Penal Code of 1997.
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Jedna země - dva systémy výkladu práva

84%
Tomášek M.
Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
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2017
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vol. 156
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issue 4
273-285
XX
One of the historic features of Chinese law has been the coexistence of different legal regimes on the Chinese territory, which were nonetheless efficient an enforceable enough to maintain the role of law. In preparation for the return of Hong Kong and Macao to China in 1997 and 1999 respectively, the leaders of the PR of Chine were able to utilize this historical experience. It was obvious that the implementation of the law of the PR of China would be difficult for the international community to accept. Therefore a model “one country - two systems” was created to make possible for both territories to maintain, interpret and develop their own law in cohabitation with the legal system of the PR of China. The article presents some experience from the twenty years of functioning of this mechanism. eng
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