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The Schengen area and c ross-border crime

Introduction to a sset r ecovery in Poland a nd Wielkopolska region, along with the presentation of the invited guests a nd discussion of thematic areas presented by the m Assistant insp ector Sebastian Cichocki Department for Asset Recovery Regional Police HQ in Poznan.

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The Schengen area and c ross-border crime

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  1. Introduction to asset recovery in Poland and Wielkopolska region, along with the presentation of the invited guests and discussion of thematic areaspresented by them Assistant inspector Sebastian CichockiDepartment for Asset Recovery Regional Police HQ in Poznan

  2. The Schengen area and cross-bordercrime Membership in the Schengen area has for a long timeraised many questions in the context of potentialbenefits and risks.

  3. The first are mainly linked to facilitatingfree movement of generically different goods, goods and people, which certainlyinfluenced the revival of international cooperationof Member States andincrease in the activity of their citizensin the field of free movement betweencountries.

  4. The other side of the Schengen Area is to increasethreats, even an increase in crime, including international(transnational crime).

  5. Benefits in the form of increasedpossibilities of free movement of people and goodswere quickly spotted and exploited byinternational criminal groups.

  6. This involves for example easierflow of weapons, drugs and property derived fromcrimes. It also facilitates illegaltrading within communities,tax fraud and legalizationof the proceeds of crimeincluding through "money laundering".

  7. The topic "Money laundering and the protection ofcriminals’ propertyin the country and abroad (algorithms)” will be presented bydeputy inspector Piotr Trzciński, expert from the Department for Fighting Organised Crime of the Central Bureau of Investigation of the Police and at the same time, the national coordinator for the supervision of the problem of protection of assets of criminals by organizational units of the Central Bureau of Investigation of the Police in Poland. His knowledge and skills were used in the creation in Poland of the National Bureau of Asset Recovery.

  8. Recovery and protection of propertyin an international aspect The broad concept of asset recovery should be understood as:recovery and process protection in Poland oroverseas of property previously lost as a result ofcrime and repayable to the victimorprotection of the property of a suspect inthe country or abroad made for potential future penalties of a property nature, confiscation, punitive measure orcompensatory measures (punitive ora other damages) or possible court costs.

  9. Recovery of property and protection ofproperty are one of the most importantelements of the strategy of the Wielkopolska Police, which is to safeguard the interests of the victim in a criminal process.

  10. This is reflected among other things in activities of Wielkopolska Police efforts tofavorably balance profits, i.e. the valueof secured property and the value of property recovered with the size of losses and damagescaused by a crime.

  11. These activities fit in wellsocially accepted processdepriving the perpetrators of so-called „fruits"of the crime, localizedboth in the country and abroad.

  12. Just because of cross bordercrime, operation connected with asset recovery oftenhave an international character.

  13. The European Union has long been committed toissues related to the limitationof the use on its territory of so-called „fruits"of crimes including by developingmore and better mechanisms for the rapid exchangeof information between EU countries and further with countries outside the zone.

  14. Two areas of cooperation of EU Member States should be distinguished in this area.

  15. The first is judicial cooperation(prosecutors and courts) in the areaof proceedings. It has a formalized characterand is based oninternationalcontracts.

  16. The aim of judicial cooperation is creation, development andpractical application of legal instrumentsallowing for effective legal assistancein securing and confiscationof illegal benefits.

  17. In order to make the use of these mechanismspossible and effective first the propertysubject to seizure or protection mustbe found by the police, even outsidethe borders of our country.

  18. Hence the second plane of interest of the EUis cooperation of police servicesof an operational nature inthe scope of verification and control.

  19. Its aim is to expand practical possibilitiesof making arrangements abroad in financial investigations concerning illegal transfers, transactions and disclosure of assets for effective exchange of information andintelligence (operating) data between law enforcement agencies.

  20. It is usually informal andis dictated by common operating needs.

  21. In practice, this meant a significantsimplification in existing procedures of the flow of information and significant acceleration in theirtransfer between the countries concerned.

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