Prague, March 21 (CTK) – The Czech government supported on Monday an amendment to the Penal Code that would extend the possibility to seize the property of convicted perpetrators of selected crimes and some other people.
The changes are based on an EU directive and the principle that “crime must not pay.”
Under the directive, the EU member states must take measures to enable the seizure of a part of or whole property from a convicted criminal if the court concludes that the property comes from criminal activities.
“The seizure of a part of property” is not defined as a form of punishment in the bill, but as a protective measure.
It will enable to seize even the property that is not directly connected with the crime with which the perpetrator is charged, “if the seizure of such a property is necessary to protect society from committing further crimes and is in harmony with the principle that the state is to seize all property that was gained in connection with criminal activities.”
This principle could be applied, for instance, to people convicted of money laundering, bribery, theft, money counterfeiting, scheming in a public tender, drug production and blackmail and also in the case of crimes for which they face up to four years in prison.
In addition, even the property that other people gain from the perpetrator could be seized if they knew about its unlawful origin, including the joint property of a married couple.
The criminal origin of the property would not have to be proven “beyond all doubt,” but only “with a high probability.” The court would asses the disproportion between the perpetrator’s total property and their legal incomes, for instance.
The Interior Ministry’ statistics show that in 2012, a total of 74,099 verdicts in which property seizure could have been applied were issued, in 2013 it was 80,676 verdicts and in 2014 126,368 verdicts.
The changes to the Penal Code are to take effect in October, according to the documents on the government website.
