| Abstract [eng] |
SUMMARY The present paper analyses composition of production, preservation or realisation of false money or securities, problems related to criminality. The master thesis consists of six chapters. The first chapter deals with the development of laws, regulating criminal liability for production, preservation or realisation of false money or securities. The second chapter gives analysis of separate crime composition elements: object and subject-matter, objective evidence, subject, subjective evidence. Topic related to both objective and subjective evidence of composition is discussed. The following concepts are explained: money, payment methods, payment instruments, documents, securities. The third chapter deals with the crime qualification evidence, namely: production, falsification, acquisition, preservation or realisation of false money or securities at large amount or high value. The present paper also gives a study of evaluation criteria of large amount and high value false money or securities as well as offers recommendations on their interpretation and application. The fourth chapter analyses preference evidence of the crime reducing danger of the action. Evaluation criterion is small amount of money. The fifth chapter gives analysis of independent rime composition which is equalled to production, preservation or realisation of false money or securities. Emphasis is given to the subject-matter of the crime – real money and objective evidence. The sixth chapter deals with delimitation of the crime associated with false money or securities from ather similar crimes. Elements of delimitation from crime associated to ownership fraud (article 182), production or illegal disposition of false payment instruments (article 214), intended for non-cash payment, (article 300) document falsification or utilisation or realisation of false document. Summary of evidence, on the basis of which the analysed crime can be distinguished from other similar crimes, has been made. The most similarities have been found among the subject-matter and the objective evidence of the analysed crimes. |
