Freezing and confiscation of assets

 

SUMMARY OF:

Regulation (EU) 2018/1805 — mutual recognition of freezing orders and confiscation orders

WHAT IS THE AIM OF THIS REGULATION?

It aims to facilitate the cross-border recovery of criminal assets and to lead to more efficient freezing and confiscation of funds from illicit origin in the EU.

The regulation forms part of the action plan developed by the European Commission to strengthen the fight against terrorist financing. It contributes to completing the security union by ensuring that criminals are deprived of their assets.

KEY POINTS

Scope

This regulation sets out the rules under which an EU country recognises and executes in its territory freezing orders* and confiscation orders* issued by another EU country in the context of proceedings in criminal matters.

Features

The regulation has the following key features.

• The resolution of issues linked to the implementation of existing legal instruments by establishing a single regulation — covering both freezing orders and confiscation orders — that is directly applicable in the EU.
• The general principle of mutual recognition, meaning that all judicial decisions in criminal matters taken in one EU country will normally be directly recognised and enforced by another EU country. There are only a limited number of reasons for non-recognition and non-execution.
• Standard certificates and procedures to allow for quicker and more efficient freezing and confiscation actions.
• A deadline of 45 days for the recognition of a confiscation order and, in urgent cases, a deadline of 48 hours for the recognition and 48 hours for the execution of freezing orders. Limits can be postponed under strict conditions.
• Provisions to ensure that victims’ rights to compensation and restitution are respected in cross-border cases.

FROM WHEN DOES THE REGULATION APPLY?

It will apply from 19 December 2020.

BACKGROUND

The regulation adds to legislation already in place on police and judicial cooperation on criminal matters within the EU, including:

• the freezing and confiscation of instrumentalities and proceeds of crime,
• the European investigation order directive,
• the right to access a lawyer,
• the right to information in a criminal proceeding,
• the right to translation and interpretation in a criminal proceeding,
• legal aid, and
• the presumption of innocence.

For further information see:

• Anti-money laundering and counter-terrorist financing (European Commission).

KEY TERMS

MAIN DOCUMENT

Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders (OJ L 303, 28.11.2018, pp. 1-38)

RELATED DOCUMENTS

Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297, 4.11.2016, pp. 1-8)

Successive amendments to Directive (EU) 2016/1919 have been incorporated into the original version. This consolidated version is of documentary value only.

Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ L 132, 21.5.2016, pp. 1-20)

Communication from the Commission to the European Parliament, the European Council and the Council delivering on the European agenda on security to fight against terrorism and pave the way towards an effective and genuine security union (COM(2016) 230 final, 20.4.2016)

Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ L 65, 11.3.2016, pp. 1-11)

Communication from the Commission to the European Parliament and the Council on an action plan for strengthening the fight against terrorist financing (COM(2016) 50 final, 2.2.2016)

Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ L 127, 29.4.2014, pp. 39-50)

See consolidated version.

Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, pp. 1-12)

Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2012, pp. 1-10)

Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, pp. 1-7)

Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (OJ L 328, 24.11.2006, pp. 59-78)

See consolidated version.

Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (OJ L 196, 2.8.2003, pp. 45-55)

See consolidated version.

Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European investigation order in criminal matters (OJ L 130, 1.5.2014, pp. 1-36)

last update 11.02.2019