On the proposal for a directive of the European Parliament and of the Council on asset recovery and confiscation
JURI-AD-740764
Committee on Legal Affairs · Rapporteur: Sergey Lagodinsky
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The Committee on Legal Affairs proposes amendments to the proposed directive on asset recovery and confiscation. It wants victims' compensation and restitution prioritised, confiscated property usable for public or social purposes, and stronger safeguards for affected persons.¶¶¶ It widens the scope of crimes to include illegal trade in endangered species, and broadens definitions of property to cover electronic and digital instruments.¶¶¶ It adds rules on freezing orders, third-party confiscation, confiscation without conviction, and the management and possible sale of frozen property.¶¶¶ It requires asset recovery offices to have access to information without delay, subject to national law and court orders where required, and calls for sufficient staff, resources and training.¶¶¶
Committee position. The Committee on Legal Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs to take into account its amendments, which strengthen victims' rights, broaden the scope of crimes and property definitions, and add safeguards for affected persons.¶
Key points
- Until a judicial decision on compensation or restitution, sums from executing a confiscation order or disposing of confiscated property should go to the victim's bank account where applicable.¶
- Member States should adopt measures allowing confiscated property to be used for public or social interest, respecting victims' right to compensation, and may refer to existing national legislation in their asset recovery strategies.¶¶
- The scope of crimes should include illegal trade and trafficking of endangered animal and plant species, including body parts or derivatives.¶¶
- Property definitions should cover legal documents or instruments in any form, including electronic or digital, and a new definition of 'public concerned' is added.¶¶¶
- Asset recovery offices should have access to information without delay, in accordance with national law and including by court order where required, with safeguards.¶¶¶
- Freezing orders issued by a non-judicial authority must be validated or annulled by a judicial authority without undue delay, and temporary urgent freezing measures must not exceed seven days.¶¶
- Confiscation should cover property transferred to third parties, with rules on burden of proof and protection of bona fide third parties' rights.¶¶
- Confiscation without a prior conviction should be allowed where a national court is satisfied that all elements of the offence are present, with the burden of proof on the prosecution.¶
- Affected persons must have access to a lawyer, access to the file, and the right to be heard before confiscation orders are issued.¶¶¶
- Member States must take necessary measures to ensure confiscation does not affect victims' rights to compensation, as a matter of priority.¶
- Frozen property cannot be transferred or sold before a confiscation order except in specified circumstances, and owners must be notified and heard before interlocutory sale.¶¶
- Member States must ensure asset recovery offices have sufficient qualified staff and resources, and provide specialised training for judges, prosecutors, police and other authorities.¶¶
Who is affected
- Victims of crime: their rights to compensation and restitution are prioritised, and sums may be transferred to their bank account.¶¶
- Asset recovery offices: must have access to information without delay and sufficient staff and resources.¶¶
- Third parties acquiring property from suspects: confiscation possible unless they prove bona fide acquisition.¶¶
- Affected persons: rights to a lawyer, access to the file, and to be heard are guaranteed.¶¶¶
- Member States: must adopt measures on use of confiscated property, management, and training.¶¶¶