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Unlawful conduct in the economic area, possibilities for its exposure and prevention

By Jan Molín

Abstract

The dissertation thesis at large discusses the problems of unlawful conduct in the economic area, possibilities for its exposure and prevention issues. Every human conduct, apart from the legal viewpoint, may also be assessed from the moral viewpoint, whereas in this context, law is designated as the "moral minimum". From this relationship, we arrive at the conclusion that every instance of unlawful conduct is also immoral. On the contrary, conduct that complies with the law always need not be in compliance with the moral norms. In the Czech Republic, the New Criminal Code came into force on 1 January 2010, which also punishes the most severe forms of unlawful conduct and fundamentally affects performance of the accounting and auditing professions. Apart from some concept changes, this Codex also introduced, for instance, changes in the punishability of planning crimes. From the viewpoint of the auditor, tax adviser and accountant, barring of perpetration, whose commitment or planning authentically comes to the knowledge of the auditor, tax adviser or accountant seems to be fundamental. The issues of occupational fraud are mainly related to the problems of the auditing profession. These unlawful acts take various forms, which can be split into three basic groups, which are asset misappropriation, fraudulent statements and corruption. When exposing occupational fraud, as well as other forms of unlawful conduct, confidentiality issues are fundamental. In some cases, the law anticipates breaking through this confidentiality, mainly, for the purpose of exposing the most severe forms of unlawful conduct. Within the framework of prevention of occupational fraud, internal control systems play an essential role. It is possible to evaluate the existence of ethical codices, respectively, building of ethical corporate culture as very fundamental

Topics: confidentiality; morals; asset misappropriation; účetní; fraudulent financial statements; occupational fraud; morálka; trestný čin; crime; internal control system; accountant; vnitřní podvodné jednání; vnitřní kontrolní systém; protiprávní jednání; daňový poradce; mlčenlivost; neoprávněné nakládání s aktivy podniku; unlawful conduct; korupce; zkreslování účetních výkazů; corruption; auditor; tax adviser
Publisher: Vysoká škola ekonomická v Praze
Year: 2008
OAI identifier: oai:invenio.nusl.cz:75262
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