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Document 02018R1805-20250501
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
Consolidated text: 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
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
02018R1805 — EN — 01.05.2025 — 001.002
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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, p. 1) |
Amended by:
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Official Journal |
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date |
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REGULATION (EU) 2023/2844 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2023 |
L 2844 |
1 |
27.12.2023 |
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Corrected by:
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
CHAPTER I
SUBJECT-MATTER, DEFINITIONS AND SCOPE
Article 1
Subject matter
Article 2
Definitions
For the purpose of this Regulation, the following definitions apply:
‘freezing order’ means a decision issued or validated by an issuing authority in order to prevent the destruction, transformation, removal, transfer or disposal of property with a view to the confiscation thereof;
‘confiscation order’ means a final penalty or measure, imposed by a court following proceedings in relation to a criminal offence, resulting in the final deprivation of property of a natural or legal person;
‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencing title or interest in such property, which the issuing authority considers to be:
the proceeds of a criminal offence, or its equivalent, whether the full amount of the value or only part of the value of such proceeds;
the instrumentalities of a criminal offence, or the value of such instrumentalities;
subject to confiscation through the application in the issuing State of any of the powers of confiscation provided for in Directive 2014/42/EU; or
subject to confiscation under any other provisions relating to powers of confiscation, including confiscation without a final conviction, under the law of the issuing State, following proceedings in relation to a criminal offence;
‘proceeds’ means any economic advantage derived directly or indirectly from a criminal offence, consisting of any form of property and including any subsequent reinvestment or transformation of direct proceeds and any valuable benefits;
‘instrumentalities’ means any property used or intended to be used, in any manner, wholly or partially, to commit a criminal offence;
‘issuing State’ means the Member State in which a freezing order or confiscation order is issued;
‘executing State’ means the Member State to which a freezing order or confiscation order is transmitted for the purpose of recognition and execution;
‘issuing authority’ means:
in respect of a freezing order:
a judge, court, or public prosecutor competent in the case concerned; or
another competent authority which is designated as such by the issuing State and which is competent in criminal matters to order the freezing of property or to execute a freezing order in accordance with national law. In addition, before it is transmitted to the executing authority, the freezing order shall be validated by a judge, court or public prosecutor in the issuing State after examining its conformity with the conditions for issuing such an order under this Regulation. Where the order has been validated by a judge, court or public prosecutor, that other competent authority may also be regarded as an issuing authority for the purposes of transmitting the order;
in respect of a confiscation order, an authority which is designated as such by the issuing State and which is competent in criminal matters to execute a confiscation order issued by a court in accordance with national law;
‘executing authority’ means an authority that is competent to recognise a freezing order or confiscation order and to ensure its execution in accordance with this Regulation and the procedures applicable under national law for the freezing and confiscation of property; where such procedures require that a court register the order and authorise its execution, the executing authority includes the authority that is competent to request such registration and authorisation;
‘affected person’ means the natural or legal person against whom a freezing order or confiscation order is issued, or the natural or legal person that owns the property that is covered by that order, as well as any third parties whose rights in relation to that property are directly prejudiced by that order under the law of the executing State.
Article 3
Criminal offences
Freezing orders or confiscation orders shall be executed without verification of the double criminality of the acts giving rise to such orders, where those acts are punishable in the issuing State by a custodial sentence of a maximum of at least three years and constitute one or more of the following criminal offences under the law of the issuing State:
participation in a criminal organisation;
terrorism;
trafficking in human beings;
sexual exploitation of children and child pornography;
illicit trafficking in narcotic drugs and psychotropic substances;
illicit trafficking in weapons, munitions and explosives;
corruption;
fraud, including fraud and other criminal offences affecting the Union's financial interests as defined in Directive (EU) 2017/1371 of the European Parliament and of the Council ( 1 );
laundering of the proceeds of crime;
counterfeiting currency, including the euro;
computer-related crime;
environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;
facilitation of unauthorised entry and residence;
murder or grievous bodily injury;
illicit trade in human organs and tissue;
kidnapping, illegal restraint or hostage-taking;
racism and xenophobia;
organised or armed robbery;
illicit trafficking in cultural goods, including antiques and works of art;
swindling;
racketeering and extortion;
counterfeiting and piracy of products;
forgery of administrative documents and trafficking therein;
forgery of means of payment;
illicit trafficking in hormonal substances and other growth promoters;
illicit trafficking in nuclear or radioactive materials;
trafficking in stolen vehicles;
rape;
arson;
crimes within the jurisdiction of the International Criminal Court;
unlawful seizure of aircraft or ships;
sabotage.
CHAPTER II
TRANSMISSION, RECOGNITION AND EXECUTION OF FREEZING ORDERS
Article 4
Transmission of freezing orders
The freezing certificate shall:
be accompanied by a confiscation certificate transmitted in accordance with Article 14; or
contain an instruction that the property is to remain frozen in the executing State pending the transmission and execution of the confiscation order in accordance with Article 14, in which case the issuing authority shall indicate the estimated date of this transmission in the freezing certificate.
Article 5
Transmission of a freezing order to one or more executing States
Where a freezing order concerns specific items of property, the freezing certificate may be transmitted to more than one executing State at the same time where:
the issuing authority has reasonable grounds to believe that different items of property covered by the freezing order are located in different executing States; or
the freezing of a specific item of property covered by the freezing order would require action in more than one executing State.
Article 6
Standard freezing certificate
Article 7
Recognition and execution of freezing orders
Article 8
Grounds for non-recognition and non-execution of freezing orders
The executing authority may decide not to recognise or execute a freezing order only where:
executing the freezing order would be contrary to the principle of ne bis in idem;
there is a privilege or immunity under the law of the executing State that would prevent the freezing of the property concerned or there are rules on the determination or limitation of criminal liability that relate to the freedom of the press or the freedom of expression in other media that prevent the execution of the freezing order;
the freezing certificate is incomplete or manifestly incorrect and has not been completed following the consultation referred to in paragraph 2;
the freezing order relates to a criminal offence committed, wholly or partially, outside the territory of the issuing State and, wholly or partially, in the territory of the executing State and the conduct in connection with which the freezing order was issued does not constitute a criminal offence under the law of the executing State;
in a case falling under Article 3(2), the conduct in connection with which the freezing order was issued does not constitute a criminal offence under the law of the executing State; however, in cases that involve taxes or duties or customs and exchange regulations, the recognition or execution of the freezing order shall not be refused on the grounds that the law of the executing State does not impose the same kind of taxes or duties or does not provide for the same type of rules as regards taxes and duties or the same type of customs and exchange regulations as the law of the issuing State;
in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the freezing order would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in the Charter, in particular the right to an effective remedy, the right to a fair trial or the right of defence.
Article 9
Time limits for recognition and execution of freezing orders
Article 10
Postponement of the execution of freezing orders
The executing authority may postpone the execution of a freezing order transmitted in accordance with Article 4 where:
its execution might damage an ongoing criminal investigation, in which case the execution of the freezing order may be postponed until such time as the executing authority considers reasonable;
the property is already the subject of an existing freezing order, in which case the execution of the freezing order may be postponed until that existing order is withdrawn; or
the property is already subject to an existing order issued in the course of other proceedings in the executing State, in which case the execution of the freezing order may be postponed until that existing order is withdrawn; however, this point shall only apply where the existing order would have priority, under national law, over subsequent national freezing orders in criminal matters.
Article 11
Confidentiality
Article 12
Duration of freezing orders
Article 13
Impossibility to execute a freezing order
The non-execution of a freezing order under this Article may only be justified where the property:
has already been confiscated;
has disappeared;
has been destroyed;
cannot be found in the location indicated on the freezing certificate; or
cannot be found because its location has not been indicated in a sufficiently precise manner, despite the consultations referred to in paragraph 2.
CHAPTER III
TRANSMISSION, RECOGNITION AND EXECUTION OF CONFISCATION ORDERS
Article 14
Transmission of confiscation orders
Article 15
Transmission of a confiscation order to one or more executing States
Where a confiscation order concerns specific items of property, the confiscation certificate may be transmitted to more than one executing State at the same time where:
the issuing authority has reasonable grounds to believe that different items of property covered by the confiscation order are located in different executing States; or
the confiscation of a specific item of property covered by the confiscation order would require action in more than one executing State.
Where a confiscation order concerns an amount of money, the confiscation certificate may be transmitted to more than one executing State at the same time where the issuing authority considers that there is a specific need to do so, in particular where:
the property concerned has not been frozen under this Regulation; or
the estimated value of the property which may be confiscated in the issuing State and in any one executing State is not likely to be sufficient for the confiscation of the full amount covered by the confiscation order.
Article 16
Consequences of transmission of confiscation orders
►M1 The issuing authority shall immediately inform the executing authority where: ◄
it considers that there is a risk that confiscation in excess of the maximum amount may occur, in particular on the basis of information received from the executing authority pursuant to point (b) of Article 21(1);
all or a part of the confiscation order has been executed in the issuing State or in a different executing State, in which case it shall specify the amount for which the confiscation order has not yet been executed; or
after the transmission of a confiscation certificate in accordance with Article 14, an authority of the issuing State receives any sum of money which has been paid in respect of the confiscation order.
Where point (a) of the first subparagraph applies, the issuing authority shall inform the executing authority as soon as possible when the risk referred to in that point ceases to exist.
Article 17
Standard confiscation certificate
Article 18
Recognition and execution of confiscation orders
Article 19
Grounds for non-recognition and non-execution of confiscation orders
The executing authority may decide not to recognise or execute a confiscation order only where:
executing the confiscation order would be contrary to the principle of ne bis in idem;
there is a privilege or immunity under the law of the executing State that would prevent the confiscation of the property concerned or there are rules on the determination or limitation of criminal liability that relate to the freedom of the press or the freedom of expression in other media that prevent the execution of the confiscation order;
the confiscation certificate is incomplete or manifestly incorrect and has not been completed following the consultation referred to in paragraph 2;
the confiscation order relates to a criminal offence committed, wholly or partially, outside the territory of the issuing State and, wholly or partially, in the territory of the executing State and the conduct in connection with which the confiscation order was issued does not constitute a criminal offence under the law of the executing State;
the rights of affected persons would make it impossible under the law of the executing State to execute the confiscation order, including where that impossibility is a consequence of the application of legal remedies in accordance with Article 33;
in a case falling under Article 3(2), the conduct in connection with which the confiscation order was issued does not constitute a criminal offence under the law of the executing State; however, in cases that involve taxes or duties or customs and exchange regulations, the recognition or execution of the confiscation order shall not be refused on the grounds that the law of the executing State does not impose the same kind of taxes or duties or does not provide for the same type of rules as regards taxes and duties or the same type of customs and exchange regulations as the law of the issuing State;
according to the confiscation certificate, the person against whom the confiscation order was issued did not appear in person at the trial that resulted in the confiscation order linked to a final conviction, unless the confiscation certificate states that, in accordance with further procedural requirements defined in the law of the issuing State, the person:
was summoned in person in due time and was thereby informed of the scheduled date and place of the trial that resulted in the confiscation order, or actually received, by other means, official information of the scheduled date and place of that trial in such a manner that it was established unequivocally that that person was aware of the scheduled trial, and was informed in due time that such a confiscation order could be handed down if that person did not appear at the trial;
being aware of the scheduled trial, had given a mandate to a lawyer, who was either appointed by the person concerned or by the State, to defend that person at the trial and was actually defended by that lawyer at the trial; or
after having been served with the confiscation order and having been expressly informed of the right to a retrial or an appeal, in which the person would have the right to participate and which would allow a re-examination of the merits of the case including an examination of fresh evidence, and which could lead to the original confiscation order being reversed, expressly stated that he or she did not contest the confiscation order, or did not request a retrial or appeal within the applicable time limits;
in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the confiscation order would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in the Charter, in particular the right to an effective remedy, the right to a fair trial or the right of defence.
Article 20
Time limits for recognition and execution of confiscation orders
Article 21
Postponement of the execution of confiscation orders
The executing authority may postpone the recognition or execution of a confiscation order transmitted in accordance with Article 14 where:
its execution might damage an ongoing criminal investigation, in which case the execution of the confiscation order may be postponed until such time as the executing authority considers reasonable;
as regards a confiscation order concerning an amount of money, it considers that there is a risk that the total amount obtained from the execution of that confiscation order might considerably exceed the amount specified in the confiscation order because of the simultaneous execution of the confiscation order in more than one Member State;
the property is already the subject of ongoing confiscation proceedings in the executing State; or
a legal remedy as referred to in Article 33 has been invoked.
Article 22
Impossibility to execute a confiscation order
The non-execution of a confiscation order under this Article may only be justified where the property:
has already been confiscated;
has disappeared;
has been destroyed;
cannot be found in the location indicated on the confiscation certificate; or
cannot be found because its location has not been indicated in a sufficiently precise manner, despite the consultations referred to in paragraph 2.
CHAPTER IV
GENERAL PROVISIONS
Article 23
Law governing execution
Article 24
Notification of the competent authorities
Article 25
Means of communication
Article 26
Multiple orders
In taking its decision, the executing authority shall give priority to the interests of victims where possible. It shall also take all other relevant circumstances into account, including the following:
whether the assets are already frozen;
the dates of the respective orders and their dates of transmission;
the seriousness of the criminal offence concerned; and
the place where the criminal offence was committed.
Article 27
Termination of the execution of a freezing order or confiscation order
Article 28
Management and disposal of frozen and confiscated property
Article 29
Restitution of frozen property to the victim
Where the executing authority has been informed of a decision to restitute frozen property to the victim as referred to in paragraph 1, it shall take the necessary measures to ensure that, where the property concerned has been frozen, that property is restituted as soon as possible to the victim, in accordance with the procedural rules of the executing State, where necessary via the issuing State, provided that:
the victim's title to the property is not contested;
the property is not required as evidence in criminal proceedings in the executing State; and
the rights of affected persons are not prejudiced.
The executing authority shall inform the issuing authority where property is transferred directly to the victim.
Article 30
Disposal of confiscated property or money obtained after selling such property
Without prejudice to paragraphs 1 to 5, property other than money that has been obtained as a result of the execution of the confiscation order shall be disposed of in accordance with the following rules:
the property may be sold, in which case the proceeds of the sale are to be disposed of in accordance with paragraph 7;
the property may be transferred to the issuing State provided that, where the confiscation order covers an amount of money, the issuing authority has given its consent to the transfer of property to the issuing State;
subject to point (d), if it is not possible to apply point (a) or (b), the property may be disposed of in another way in accordance with the law of the executing State; or
the property may be used for public interest or social purposes in the executing State in accordance with its law, subject to the consent of the issuing State.
Unless the confiscation order is accompanied by a decision to restitute property to the victim or to compensate the victim in accordance with paragraphs 1 to 5, or unless otherwise agreed by the Member States involved, the executing State shall dispose of the money obtained as a result of the execution of a confiscation order as follows:
if the amount obtained from the execution of the confiscation order is equal to or less than EUR 10 000 , the amount shall accrue to the executing State; or
if the amount obtained from the execution of the confiscation order is more than EUR 10 000 , 50 % of the amount shall be transferred by the executing State to the issuing State.
Article 31
Costs
Such proposals shall be accompanied by a detailed breakdown of the costs incurred by the executing authority. Following such a proposal the issuing authority and the executing authority shall consult with each other. Where appropriate, Eurojust may facilitate such consultations.
The consultations, or at least the result thereof, shall be recorded.
Article 32
Obligation to inform affected persons
Article 33
Legal remedies in the executing State against the recognition and execution of a freezing order or confiscation order
Article 34
Reimbursement
CHAPTER V
FINAL PROVISIONS
Article 35
Statistics
Each year, Member States shall also send the following statistics to the Commission, where they are available at a central level in the Member State concerned:
the number of cases in which a victim was compensated or granted restitution of the property obtained by the execution of a confiscation order under this Regulation; and
the average period required for the execution of freezing orders and confiscation orders under this Regulation.
Article 36
Amendments to the certificate and the form
The Commission is empowered to adopt delegated acts in accordance with Article 37 concerning any amendment to the certificates set out in Annexes I and II. Such amendments shall be in accordance with this Regulation and shall not affect it.
Article 37
Exercise of the delegation
Article 38
Reporting and review
By 20 December 2025, and every five years thereafter, the Commission shall submit a report to the European Parliament, to the Council and to the European Economic and Social Committee on the application of this Regulation, including on:
the possibility for Member States to make and withdraw declarations under Articles 4(2) and 14(2);
the interaction between the respect for fundamental rights and the mutual recognition of freezing orders and confiscation orders;
the application of Articles 28, 29 and 30 in relation to the management and disposal of frozen and confiscated property, the restitution of property to victims and the compensation of victims.
Article 39
Replacement
This Regulation replaces the provisions of Framework Decision 2003/577/JHA as regards the freezing of property between the Member States bound by this Regulation as from 19 December 2020.
This Regulation replaces Framework Decision 2006/783/JHA between the Member States bound by this Regulation as from 19 December 2020.
For the Member States bound by this Regulation, references to Framework Decision 2003/577/JHA as regards freezing of property and references to Framework Decision 2006/783/JHA shall be construed as references to this Regulation.
Article 40
Transitional provisions
Article 41
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 19 December 2020.
However, Article 24 shall apply from 18 December 2018.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX I
FREEZING CERTIFICATE
SECTION A:
Issuing State: …
Issuing authority: …
Validating authority (if applicable): …
Executing State: …
Executing authority (if known): …
SECTION B: Urgency and/or requested date for execution
|
1. |
Please indicate the particular grounds for urgency:
□
There are legitimate grounds to believe that the property in question will imminently be removed or destroyed, namely: … …
□
Investigative or procedural needs in the issuing State, namely: … … |
|
2. |
Date for execution:
□
A specific date is requested, namely: …
□
Coordination needed between the Member States involved Grounds for this request: … … |
SECTION C: Affected person(s)
Identity of the person(s) against whom the freezing order is issued, or of the person(s) that owns/own the property that is covered by the freezing order (if more than one person is affected, please provide the information for each person):
1. Identification data
(i) In the case of natural person(s)
Name: …
First name(s): …
Other relevant name(s), if applicable: …
Aliases, if applicable: …
Sex: …
Nationality: …
Identity number or social security number, if available: …
Type and number of the identity document(s) (identity card or passport), if available:
…
Date of birth: …
Place of birth: …
Residence and/or known address (if the address is not known, the last known address):
…
Language(s) which the affected person understands …
Please indicate the position of the affected person in the proceedings:
person against whom the freezing order is directed
person that owns the property that is covered by the freezing order
(ii) In the case of legal person(s)
Name: …
Legal form: …
Shortened name, commonly used name or trading name, if applicable: …
Registered seat: …
Registration number: …
Address: …
Name of the representative: …
Please indicate the position of the affected person in the proceedings:
person against whom the freezing order is directed
person that owns the property that is covered by the freezing order
|
2. |
If different from the address above, please give the location where the freezing order is to be executed: … |
|
3. |
Third parties whose rights in relation to the property that is covered by the freezing order are directly prejudiced by the order (identity and grounds): … … |
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4. |
Provide any other information that will assist with the execution of the freezing order: … |
SECTION D: Information on property to which the order relates
|
1. |
Please indicate if the order concerns:
□
an amount of money
□
specific item(s) of property (corporeal or incorporeal, movable or immovable)
□
property of equivalent value (in the context of value-based confiscation) |
|
2. |
If the order concerns an amount of money or property of equivalent value to that amount of money:
—
The amount for execution in the executing State, in figures and words (indicate currency):
…
—
The total amount covered by the order, in figures and words (indicate currency):
…
Additional information:
—
Grounds for believing that the affected person has property/income in the executing State:
…
—
Description of the property/source of income of the affected person(when possible):
…
—
Exact location of the property/source of income of the affected person (if not known, the last known location):
…
—
Details of the bank account of the affected person (if known):
…
|
|
3. |
If the order concerns specific item(s) of property or property of equivalent value to such property: Grounds for the transmission of the order to the executing State:
□
the specific item(s) of property is/are located in the executing State
□
the specific item(s) of property is/are registered in the executing State
□
the issuing authority has reasonable grounds to believe that all or part of the specific item(s) of property covered by the order is/are located in the executing State. Additional information:
—
Grounds for believing that the specific item(s) of property is/are located in the executing State:
…
—
Description of the item of property:
…
—
Location of the item of property (if not known, the last known location):
…
—
Other relevant information (e.g. appointment of a judicial administrator):
…
|
SECTION E: Grounds for issuing the freezing order
1. Summary of the facts
Set out the reasons why the freezing order is issued, including:
|
2. |
Nature and legal classification of the criminal offence(s) in relation to which the freezing order was issued and the applicable legal provision(s): … … |
|
3. |
Is the criminal offence in relation to which the freezing order is issued punishable in the issuing State by a custodial sentence of a maximum of at least three years and included in the list of criminal offences set out below? (please tick the relevant box). Where the freezing order concerns several criminal offences, please indicate numbers in the list of criminal offences below (corresponding to the criminal offences as described under points 1 and 2 above).
□
participation in a criminal organisation
□
terrorism
□
trafficking in human beings
□
sexual exploitation of children and child pornography
□
illicit trafficking in narcotic drugs and psychotropic substances
□
illicit trafficking in weapons, munitions and explosives
□
corruption
□
fraud, including fraud and other criminal offences affecting the Union's financial interests as defined in Directive (EU) 2017/1371
□
laundering of the proceeds of crime
□
counterfeiting currency, including the euro
□
computer-related crime
□
environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties
□
facilitation of unauthorised entry and residence
□
murder or grievous bodily injury
□
illicit trade in human organs and tissue
□
kidnapping, illegal restraint or hostage-taking
□
racism and xenophobia
□
organised or armed robbery
□
illicit trafficking in cultural goods, including antiques and works of art
□
swindling
□
racketeering and extortion
□
counterfeiting and piracy of products
□
forgery of administrative documents and trafficking therein
□
forgery of means of payment
□
illicit trafficking in hormonal substances and other growth promoters
□
illicit trafficking in nuclear or radioactive materials
□
trafficking in stolen vehicles
□
rape
□
arson
□
crimes within the jurisdiction of the International Criminal Court
□
unlawful seizure of aircraft or ships
□
sabotage |
|
4. |
Any other relevant information (e.g. relation between the property and the criminal offence): … |
SECTION F: Confidentiality of the order and/or request for specific formalities
Need to maintain the information in the order confidential after execution:
…
Need for specific formalities at the time of execution:
…
SECTION G: Where a freezing certificate has been transmitted to more than one executing State, provide the following information:
|
1. |
A freezing certificate has been transmitted to the following other executing State(s) (State and authority): … … |
|
2. |
A freezing certificate has been transmitted to more than one executing State for the following reasons: Where the freezing order concerns specific items of property:
□
Different items of property covered by the order are believed to be located in different executing States
□
The freezing of a specific item of property requires action in more than one executing State Where the freezing order concerns an amount of money:
□
The estimated value of the property which may be frozen in the issuing State and in any one executing State is not likely to be sufficient for the freezing of the full amount covered by the order
□
Other specific needs: … |
|
3. |
Value of assets, if known, in each executing State: … … |
|
4. |
Where the freezing of the specific item(s) of property requires action in more than one executing State, description of the action to be taken in the executing State: … … |
SECTION H: Relation to an earlier freezing order and/or other order(s) or request(s)
Please indicate whether this freezing order relates to an earlier order or request (e.g. freezing order, European Investigation Order, European arrest warrant or mutual legal assistance). If applicable, provide the following information relevant to identify the previous order or request:
SECTION I: Confiscation
Please indicate whether:
this freezing certificate is accompanied by a confiscation certificate issued in the issuing State (reference number of the confiscation certificate):
…
the property shall remain frozen in the executing State pending the transmission and execution of the confiscation order (estimated date for submission of the confiscation certificate, if possible):
…
SECTION J: Alternative measures
|
1. |
Please indicate whether the issuing State allows for the application by the executing State of alternative measures where it is not possible to execute the freezing order, either wholly or partially:
□
Yes
□
No |
|
2. |
If yes, state which measures may be applied: … |
SECTION K: RESTITUTION OF FROZEN PROPERTY
|
1. |
Please indicate if a decision to restitute frozen property to the victim has been issued:
□
Yes
□
No If yes, please specify the following concerning the decision to restitute frozen property to the victim: Authority that issued the decision (official name): … Date of the decision: … Reference number of the decision (if available): … Description of the property to be restituted: … Name of the victim: … Address of the victim: … If the victim's title to the property is contested, please provide details (persons contesting the title, reasons, etc.): … … If rights of affected persons could be prejudiced as a result of the restitution, please provide details (the affected persons, the rights that could be prejudiced, reasons, etc.): … … |
|
2. |
Is a demand for restitution of frozen property to the victim pending in the issuing State?
□
No
□
Yes, the outcome will be communicated to the executing authority The issuing authority shall be notified in case of direct transfer to the victim. |
SECTION L: Legal remedies
Authority in the issuing State which can supply further information on procedures for seeking legal remedies in the issuing State and on whether legal assistance, interpretation and translation is available:
The issuing authority (see Section M)
The validating authority (see Section N)
Other:
…
SECTION M: Details of the issuing authority
Type of the issuing authority:
judge, court, public prosecutor
another competent authority designated by the issuing State
Name of the authority: …
Name of the contact person: …
Post held (title/grade): …
File No: …
Address: …
Tel. No (country code) (area/city code): …
Fax No (country code) (area/city code): …
Email: …
Languages in which it is possible to communicate with the issuing authority: …
If different from above, the contact details of the person(s) to contact for additional information or to make practical arrangements for the execution of the order:
Name/Title/Organisation: …
Address: …
Email/Tel. No: …
Signature of the issuing authority and/or its representative certifying the content of the freezing certificate as accurate and correct: …
Name: …
Post held (title/grade): …
Date: …
Official stamp (if available): …
SECTION N: Details of the authority which validated the freezing order
Please indicate the type of authority which has validated the freezing order, if applicable:
judge or court
public prosecutor
Name of the validating authority: …
Name of the contact person: …
Post held (title/grade): …
File No: …
Address: …
Tel. No (country code) (area/city code): …
Fax No (country code) (area/city code): …
Email: …
Languages in which it is possible to communicate with the validating authority: …
Please indicate the main contact point for the executing authority:
issuing authority
validating authority
Signature and details of the validating authority and/or its representative:
…
Name: …
Post held (title/grade): …
Date: …
Official stamp (if available): …
SECTION O: Central authority
Where a central authority has been made responsible for the administrative transmission and reception of freezing certificates in the issuing State, please indicate:
Name of the central authority: …
Name of the contact person: …
Post held (title/grade): …
File No: …
Address: …
Tel. No (country code) (area/city code): …
Fax No (country code) (area/city code): …
Email: …
SECTION P: Attachments
Please indicate any attachments to the certificate: …
ANNEX II
CONFISCATION CERTIFICATE
SECTION A:
Issuing State: …
Issuing authority: …
Executing State: …
Executing authority (if known): …
SECTION B: Confiscation order
|
1. |
Court which issued the confiscation order (official name): … |
|
2. |
Reference number of the confiscation order (if available): … |
|
3. |
The confiscation order was issued on (date): … |
|
4. |
The confiscation order became final on (date): … |
SECTION C: Affected person(s)
Identity of the person(s) against whom the confiscation order is issued, or of the person(s) that owns/own the property that is covered by the confiscation order (if more than one person is affected, please provide the information for each person):
1. Identification data
(i) In the case of natural person(s)
Name: …
First name(s): …
Other relevant name(s), if applicable: …
Aliases, if applicable: …
Sex: …
Nationality: …
Identity number or social security number, if available: …
Type and number of the identity document(s) (identity card or passport), if available:
…
Date of birth: …
Place of birth: …
Residence and/or known address (if address is not known, the last known address):
…
Language(s) which the affected person understands: …
Please indicate the position of the affected person in the proceedings:
person against whom the confiscation order is directed
person that owns the property that is covered by the confiscation order
(ii) In the case of legal person(s)
Name: …
Legal form: …
Shortened name, commonly used name or trading name, if applicable: …
Registered seat: …
Registration number: …
Address: …
Name of the representative: …
Please indicate the position of the affected person in the proceedings:
person against whom the confiscation order is directed
person that owns the property that is covered by the confiscation order
|
2. |
If different from the address above, please give the location where the confiscation order is to be executed: … |
|
3. |
Third parties whose rights in relation to the property that is covered by the confiscation order are directly prejudiced by the order (identity and grounds): … … |
|
4. |
Provide any other information that will assist with the execution of the confiscation order: … |
SECTION D: Information on property to which the order relates
|
1. |
The court has decided that the property:
□
is the proceeds of a criminal offence, or its equivalent, whether the full amount of the value or only part of the value of such proceeds
□
constitutes the instrumentalities of a criminal offence, or the value of such instrumentalities
□
is subject to confiscation through the application in the issuing State of any of the powers of confiscation provided for in Directive 2014/42/EU (including extended confiscation)
□
is subject to confiscation under any other provisions relating to powers of confiscation, including confiscation without a final conviction, under the law of the issuing State following proceedings in relation to a criminal offence |
|
2. |
Please indicate if the order concerns:
□
an amount of money
□
specific item(s) of property (corporeal or incorporeal, movable or immovable)
□
property of equivalent value (in the context of value-based confiscation) |
|
3. |
If the order concerns an amount of money or property of equivalent value to that amount of money:
—
The amount for execution in the executing State, in figures and words (indicate currency):
…
—
The total amount covered by the order, in figures and words (indicate currency):
…
Additional information:
—
Grounds for believing that the affected person has property/income in the executing State:
…
—
Description of the property/source of income of the affected person (when possible):
…
—
Exact location of the property/source of income of the affected person (if not known, the last known location): …
—
Details of the bank account of the affected person (if known):
…
|
|
4. |
If the order concerns specific item(s) of property or property of equivalent value to such property: Grounds for the transmission of the order to the executing State:
□
the specific item(s) of property is/are located in the executing State
□
the specific item(s) of property is/are registered in the executing State
□
the issuing authority has reasonable grounds to believe that all or part of the specific item(s) of property covered by the order is/are located in the executing State. Additional information:
—
Grounds for believing that the specific item(s) of property is/are located in the executing State:
…
—
Description of the item of property
…
—
Location of the item of property (if not known, the last known location):
…
—
Other relevant information (e.g. appointment of a judicial administrator):
…
|
|
5. |
Information on conversion and transfer of property If the order concerns a specific item of property, state whether it is provided for under the law of the issuing State that the confiscation in the executing State can be carried out through the confiscation of a sum of money corresponding to the value of the property to be confiscated:
□
Yes
□
No |
SECTION E: Freezing order
Please indicate whether:
the confiscation order is accompanied by a freezing order issued in the issuing State (reference number of the freezing certificate):
…
the property has been frozen in accordance with an earlier freezing order transmitted to the executing State
date of issue of the freezing order: …
date of transmission of the freezing order: …
the authority to which it was transmitted: …
reference number given by the issuing authority: …
reference number given by the executing authorities: …
SECTION F: Grounds for issuing the confiscation order
|
1. |
Summary of the facts and the reasons why the confiscation order is issued, including a description of the criminal offence(s) and other relevant information: … |
|
2. |
Nature and legal classification of the criminal offence(s) in relation to which the confiscation order was issued and the applicable legal provision(s): … |
|
3. |
Is the criminal offence in relation to which the confiscation order is issued punishable in the issuing State by a custodial sentence of a maximum of at least three years and included in the list of criminal offences set out below? (please tick the relevant box). Where the confiscation order concerns several criminal offences, please indicate numbers in the list of criminal offences below (corresponding to the criminal offences as described under points 1 and 2 above).
□
participation in a criminal organisation
□
terrorism
□
trafficking in human beings
□
sexual exploitation of children and child pornography
□
illicit trafficking in narcotic drugs and psychotropic substances
□
illicit trafficking in weapons, munitions and explosives
□
corruption
□
fraud, including fraud and other criminal offences affecting the Union's financial interests as defined in Directive (EU) 2017/1371
□
laundering of the proceeds of crime
□
counterfeiting currency, including the euro
□
computer-related crime
□
environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties
□
facilitation of unauthorised entry and residence
□
murder or grievous bodily injury
□
illicit trade in human organs and tissue
□
kidnapping, illegal restraint or hostage-taking
□
racism and xenophobia
□
organised or armed robbery
□
illicit trafficking in cultural goods, including antiques and works of art
□
swindling
□
racketeering and extortion
□
counterfeiting and piracy of products
□
forgery of administrative documents and trafficking therein
□
forgery of means of payment
□
illicit trafficking in hormonal substances and other growth promoters
□
illicit trafficking in nuclear or radioactive materials
□
trafficking in stolen vehicles
□
rape
□
arson
□
crimes within the jurisdiction of the International Criminal Court
□
unlawful seizure of aircraft or ships
□
sabotage |
|
4. |
Any other relevant information (e.g. relation between the property and the criminal offence): … |
SECTION G: Where a confiscation certificate has been transmitted to more than one executing State, provide the following information:
|
1. |
A confiscation certificate has been transmitted to the following other executing State(s) (State and authority): … … |
|
2. |
A confiscation certificate has been transmitted to more than one executing State for the following reasons: Where the confiscation order concerns specific items of property:
□
Different items of property covered by the order are believed to be located in different executing States
□
The confiscation of a specific item of property requires action in more than one executing State Where the confiscation order concerns an amount of money:
□
The property concerned has not been frozen under Regulation (EU) 2018/1805
□
The estimated value of the property which may be confiscated in the issuing State and in any one executing State is not likely to be sufficient for the confiscation of the full amount covered by the order
□
Other specific needs: … |
|
3. |
Value of assets, if known, in each executing State: … … |
|
4. |
Where the confiscation of the specific item(s) of property requires action in more than one executing State, description of the action to be taken in the executing State: … |
SECTION H: Proceedings resulting in the confiscation order
Please indicate if the person against whom the confiscation order was issued appeared in person at the trial that resulted in the confiscation order linked to a final conviction:
Yes, the person appeared in person at the trial.
No, the person did not appear in person at the trial
No, in accordance with national procedural rules there were no hearings held.
If you have ticked the box under point 2, please confirm the existence of one of the following:
the person was summoned in person on (day/month/year) … and thereby informed of the scheduled date and place of the trial that resulted in the confiscation order and was informed that a confiscation order could be handed down if he or she does not appear at the trial
OR
the person was not summoned in person but actually received, by other means, official information of the scheduled date and place of the trial that resulted in the confiscation order, in such a manner that it was established unequivocally that he or she was aware of the scheduled trial, and was informed that a confiscation order may be handed down if he or she does not appear at the trial
OR
being aware of the scheduled trial, the person had given a mandate to a lawyer, who was either appointed by the person concerned or by the state, to defend him or her at the trial, and was actually defended by that lawyer at the trial
OR
the person was served with the confiscation order on (day/month/year) … and was expressly informed about the right to a retrial or an appeal, in which he or she had the right to participate and which allowed a re-examination of the merits of the case including an examination of fresh evidence, and which could lead to the original confiscation order being reversed, and
the person expressly stated that he or she did not contest the confiscation order
OR
the person did not request a retrial or appeal within the applicable time limits
If you have ticked the box under points 4.1b, 4.2 or 4.3, please provide information about how the relevant condition has been met: …
SECTION I: Alternative measures, including custodial sanctions
|
1. |
Please indicate whether the issuing State allows for the application by the executing State of alternative measures where it is not possible to execute the confiscation order, either wholly or partially:
□
Yes
□
No |
|
2. |
If yes, state which measures may be applied:
□
Custody (maximum period): …
□
Community service (or equivalent) (maximum period): …
□
Other measures (description): … |
SECTION J: Decision to restitute property to, or compensate, the victim
|
1. |
Please indicate, where relevant:
□
An issuing authority or another competent authority of the issuing State has issued a decision to compensate the victim with, or restitute to the victim, the following sum of money: …
□
An issuing authority or another competent authority of the issuing State has issued a decision to restitute the following property other than money to the victim: …
□
Proceedings to restitute property to, or compensate, the victim are pending in the issuing State and the outcome will be communicated to the executing authority |
|
2. |
Details of the decision to restitute property to, or compensate, the victim: Authority that issued the decision (official name): … Date of the decision: … Date on which the decision became final: … Reference number of the decision (if available): … Description of the property to be restituted: … Name of the victim: … Address of the victim: … The issuing authority shall be notified in case of direct transfer to the victim. |
SECTION K: Details of the issuing authority
Name of authority: …
Name of the contact person: …
Post held (title/grade): …
File No: …
Address: …
Tel. No (country code) (area/city code): …
Fax No (country code) (area/city code): …
Email: …
Languages in which it is possible to communicate with the issuing authority: …
If different from above, the contact details of the person(s) to contact for additional information or to make practical arrangements for the execution of the order or the transfer of the property:
…
Name/Title/Organisation: …
Address: …
Email/Tel. No: …
Signature of the issuing authority and/or its representative certifying the content of the confiscation certificate as accurate and correct: …
Name: …
Post held (title/grade): …
Date: …
Official stamp (if available): …
SECTION L: Central authority
Where a central authority has been made responsible for the administrative transmission and reception of confiscation certificates in the issuing State, please indicate:
Name of the central authority: …
Name of the contact person: …
Post held (title/grade): …
File No: …
Address: …
Tel. No (country code) (area/city code): …
Fax No (country code) (area/city code): …
Email: …
SECTION M: Payment details of the Issuing State
IBAN: …
BIC: …
Name of bank account holder: …
SECTION N: Attachments
Please indicate any attachments to the certificate:
( 1 ) Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
( 2 ) Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L, 2023/2844, 27.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2844/oj).
( 3 ) Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (OJ L 159, 28.5.2014, p. 1).