This document is an excerpt from the EUR-Lex website
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?
Regulation (EU) 2018/1805 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 orders1 and confiscation orders2 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 has applied since .
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 at EU level (European Commission).
KEY TERMS
- Freezing order. A decision issued or validated by an issuing authority in order to prevent the destruction, transformation, removal, transfer or disposal of property which the authority wished to confiscate.
- Confiscation order. A final penalty or measure, imposed by a court following proceedings in relation to a criminal offence, resulting in the final removal of property from a person or company.
MAIN DOCUMENT
Regulation (EU) 2018/1805 of the European Parliament and of the Council of on the mutual recognition of freezing orders and confiscation orders (OJ L 303, , pp. 1–38).
last update