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Summary

Organised crime in the Czech Republic - legal framework, prosecution and characteristics
Scheinost, Miroslav; Diblikova, Simona

This paper brings the basic information on the results of research made by the Institute of Criminology and Social Prevention in Prague that refers to the legal definition of organised crime formulated by the Czech Penal Code and its implementation in the judicial praxis. Legal definition of organised crime was implemented into the Czech Penal Code in 1995. This amendment defined organised crime as „criminal conspiracy`, that consists in the association of more people with the internal organisational structure and division of functions and activities, that develops the systematic intentional criminal activity. The participation in such an association was defined as a criminal offence.

After being introduced into the Penal Code, this article was not too often used in judicial praxis. Only during last years the frequency of use has been growing.

Research made by the ICSP in the frame of research of serious crime addressed this provision, its practical use and the character of offences prosecuted under this article. Criminal charges elaborated by the State Prosecutory Offices within the period 1999-2004 were analysed which does not mean that the courts in all analysed cases accepted this legal qualification of the offence.

The analysis dealt with some legal and judicial matters as the course of penal prosecution and the nature of used proofs but it showed also character and objects of criminal activities, character and structures of prosecuted groups, numbers and characteristics of their members. What came into light was the fact that surprisingly this provison was only rarely used for prosecution of cases of drug delinquency and the absolute majority of cases prosecuted under this article consisted in cases of organised illegal migration. Criminal offences of organising prostitution and trafficking in women, trafficking in stolen cars, unlawful entreprising were represented too, but only individually. The research enables to formulate findings that refer not only to the judicial praxis but also to the character of some part of organised crime in the CR, on the prosecuted groups and offenders.

   

About CCC

The Cross-Border Crime Colloquium is an annual event since 1999. It brings together experts on international organised (economic) crime to discuss the latest developments in empirical research, legislation and law enforcement, with a special geographical focus on Western, Central, and Eastern Europe. The Colloquia aim at building bridges in three respects: between East and West Europe, between scholars and practitioners, and between old and young.
2018Kharkiv, Ukraine
2017Bratislava, Slovakia
2016Newcastle, United Kingdom
2015Prague, Czech Republic
2014Sarajevo, Bosnia and Herzeg.
2013Cambridge, United Kingdom
2012Manchester, United Kingdom
2011Tilburg, The Netherlands
2009Ghent, Belgium
2008Beograd, Serbia
2007Prague, Czech Republic
2006Tallinn, Estonia
2005Sarajevo, Bosnia and Herzeg.
2004Berlin, Germany
2003Ainring, Germany
2002Ljubljana, Slovenia
2001Bratislava, Slovakia
2000Budapest, Hungary
1999Prague, Czech Republic

The next Colloquium will be held in Newcastle, United Kingdom. For information, please contact For information, please contact
Prof. Dr. Petrus C. van Duyne: p.vanduyne@uu.nl
Professor Jackie Harvey: Jackie.Harvey@northumbria.ac.uk
Prof. Georgios A. Antonopoulos: G.Antonopoulos@tees.ac.uk

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