Proving the Source of Property in the Slovak Republic

Abstract

The paper consists of two parts. The first part studies the content, theory and methods of discovering illegally acquired property. The process of the discovery is defined as procedural, cognitive, cyclic activity facilitating to study latent criminal activity and latent illegal actions to acquire illegal property. The paper shows the major signs and characteristics of the process of revealing criminal activity. The second part of the paper analyzes Law # 101/2010 On Proving the Source of Origin of Property which entered into force January 1, 2011. The law has failed to cope with its task and expectation. The courts did not make a decision on confiscation of the property in any of the cases. The fact shows that the measures specified in the law are inefficient. To make it efficient, the law requires updating. As Law # 101/2010 limits the property rights of people, it was necessary to include exceptions due to the limitations of property rights when the property was obtained illegally. The law was based on the principle that every person may confirm officially the sources of profit. In the process of drafting the law, the experience of Italy, England and Wales was taken into consideration. Civil procedure compared with the criminal one is more flexible as the latter is based on the presumption of innocence, ban on retroactivity, burden of proof imposed on state.