The Criminal Code Amendment and Organized Crime

Vol.2,No.2(1994)

Abstract
Organized crime became a serious social problem in the Czech Republic in connection with the recent political changes. The way this issue is dealt with in the field of criminal law can not be regarded as satisfactory. The Criminal Code and Criminal Court Order responded to the problem only marginally and a number of issues still remain untouched.

The Criminal Code does not include a factual basis through which criminal prosecution of the persons founding criminal organizations or taking their part in organized crime by the way of participation or membership would be possible.

As of January 1, 1994, the Criminal Code provided for the protection of witnesses, yet it still fails to respond to the possibility of using a number of means necessary for fighting organized crime, such as using agents, following persons, entering information systems by the bodies conducting criminal prosecution etc.

It is recommended to solve the above mentioned problems not through an Organized Crime Fighting Act, as it is done e.g. in Gennany, but through employing all the possibilities given by the Criminal Code and Criminal Court Order.


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71–81
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