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DRAFT OPINION (COM(2022)0245 – C90186/2022 – 2022/0167(COD))

On the proposal for a directive of the European Parliament and of the Council on asset recovery and confiscation

JURI-PA-740764

Committee on Legal Affairs · Rapporteur: Sergey Lagodinsky

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The Committee on Legal Affairs proposes amendments to the Commission's proposed directive on asset recovery and confiscation. The amendments add safeguards for freezing orders, extend confiscation to third parties and state structures, and strengthen the rights of affected persons and victims.

Committee position. The Committee on Legal Affairs proposes amendments to the Commission's proposal for a directive on asset recovery and confiscation, adding safeguards for freezing orders, extending confiscation to third parties and state structures, and strengthening the rights of affected persons and victims.

Key points

  1. Freezing orders issued by non-judicial authorities must be validated or rejected by a judicial authority within five working days.
  2. Asset recovery offices or other competent authorities may take immediate action to preserve property, with temporary urgent freezing measures valid for no more than seven days.
  3. Confiscation of property transferred to third parties is allowed if the court establishes the third party knew or ought to have known the property was linked to criminal conduct or the transfer aimed to avoid confiscation.
  4. Confiscation without a prior conviction is possible for prolonged illness, absconding, death, immunity under international law, amnesty, or expired time limits not caused by authorities' negligence and not longer than 15 years.
  5. Confiscation without conviction requires the court to be convinced that key elements of the offence are present and the property is of illegal origin, with the burden of proof on the prosecution.
  6. Extended confiscation applies to property linked to criminal organisations or Union or non-Union public or state-sponsored structures involved in fraudulent or corrupt activities, or committed by a politically exposed person.
  7. Member States must ensure affected persons' rights of defence, including access to a lawyer, access to the file, and the right to be heard.
  8. Confiscation measures must not affect victims' or the public concerned's rights to obtain compensation, and confiscated property may be used for restitution vis-à-vis third countries affected by international crimes.
  9. Member States must ensure efficient management of frozen and confiscated property, and property frozen under Article 11(1) cannot be transferred or sold before a confiscation order except in specified circumstances.
  10. Member States shall require costs for managing frozen property to be charged, at least partially, to the beneficial owner when provided under national law.
  11. Affected persons must be informed of freezing, confiscation, and sale orders, including reasons, rights, and available legal remedies.
  12. Member States must provide sufficient staff, resources, and regular specialised training for judges, prosecutors, police, and other authorities involved in asset recovery.

Who is affected

  • Suspected, accused, or convicted persons whose property may be frozen or confiscated.
  • Third parties who acquired property from suspected, accused, or convicted persons.
  • Victims of criminal offences and the public concerned, including third countries affected by international crimes.
  • Asset recovery offices, asset management offices, and other competent authorities in Member States.
  • Judges, prosecutors, police, and judicial staff involved in asset recovery.

Figures and deadlines

  • Temporary urgent freezing measures shall not exceed seven days.
  • Judicial validation or rejection of a freezing order must occur no later than five working days after issuance.
  • Confiscation without conviction due to expired time limits is limited to 15 years and not if expiry caused by authorities' negligence.
  • Criminal offence includes offences punishable by deprivation of liberty of a maximum of at least four years.