According to the EU directive, member states will be able to confiscate funds and property in criminal cases if they are not proven to be legitimate or if their value is disproportionate to the owner's income
The European Union has approved a directive that requires member states to allow the confiscation of "unexplained wealth" obtained through criminal means. The document is placed in the legislative framework of the European Council and the Council of the EU.
"When determining whether property should be confiscated, national courts should take into account all relevant circumstances of the case, including available evidence and specific facts, such as that the value of the property is substantially disproportionate to the legal income of the person," the document says.
Other factors that may speak in favor of confiscation include the lack of evidence of the legality of the acquisition of property and the person's connection with a criminal organization. At the same time, proof of individual crimes cannot be a "precondition for the confiscation of unexplained wealth", but it must be confirmed that such property or funds were obtained as a result of crimes.
Among the violations in which the issue of confiscation can be investigated, any acts committed in a criminal organization that can "bring significant economic benefits"are named.
"This directive does not prevent EU member states from taking measures that allow the confiscation of unexplained wealth in connection with other crimes or circumstances," the document also says. However, it does not apply to civil law proceedings and only applies to criminal offences.
• Source: https://data.consilium.europa.eu/doc/document/PE-3-2024-INIT/en/pdf
The European Union has approved a directive that requires member states to allow the confiscation of "unexplained wealth" obtained through criminal means. The document is placed in the legislative framework of the European Council and the Council of the EU.
"When determining whether property should be confiscated, national courts should take into account all relevant circumstances of the case, including available evidence and specific facts, such as that the value of the property is substantially disproportionate to the legal income of the person," the document says.
Other factors that may speak in favor of confiscation include the lack of evidence of the legality of the acquisition of property and the person's connection with a criminal organization. At the same time, proof of individual crimes cannot be a "precondition for the confiscation of unexplained wealth", but it must be confirmed that such property or funds were obtained as a result of crimes.
Among the violations in which the issue of confiscation can be investigated, any acts committed in a criminal organization that can "bring significant economic benefits"are named.
"This directive does not prevent EU member states from taking measures that allow the confiscation of unexplained wealth in connection with other crimes or circumstances," the document also says. However, it does not apply to civil law proceedings and only applies to criminal offences.
• Source: https://data.consilium.europa.eu/doc/document/PE-3-2024-INIT/en/pdf
