J. Stieranka

Proving the Source of Property in the Slovak Republic

2018. No. 4. P. 313–331 [issue contents]
The paper consists of two parts. The first part studies the content, theory and methodsof discovering illegally acquired property. The process of the discovery is defined asprocedural, cognitive, cyclic activity facilitating to study latent criminal activity andlatent illegal actions to acquire illegal property. The paper shows the major signs andcharacteristics of the process of revealing criminal activity. The second part of the paperanalyzes Law # 101/2010 On Proving the Source of Origin of Property which enteredinto force January 1, 2011. The law has failed to cope with its task and expectation. Thecourts did not make a decision on confiscation of the property in any of the cases. Thefact 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, itwas necessary to include exceptions due to the limitations of property rights when theproperty was obtained illegally. The law was based on the principle that every person mayconfirm officially the sources of profit. In the process of drafting the law, the experience ofItaly, England and Wales was taken into consideration. Civil procedure compared with thecriminal one is more flexible as the latter is based on the presumption of innocence, banon retroactivity, burden of proof imposed on state.
Citation: Stieranka J. (2018) Dokazyvanie istochnika proiskhozhdeniya imushchestva v Slovatskoy Respublike [Proving the Source of Property in the Slovak Republic]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 313-331 (in Russian)
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