Activities of Pascal DURAND related to 2016/0414(COD)
Legal basis opinions (0)
Amendments (5)
Amendment 22 #
Proposal for a directive
Recital 9
Recital 9
(9) In order for money laundering to be an effective tool against organised crime, it should not be necessary to identify the specifics of the crime that generated the property, let alone require a prior or simultaneous conviction for that crime. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, provided it is a criminal offence in that Member State or third country. Member States may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law, had it been committed there. This should not be interpreted as limiting the right to a fair trial.
Amendment 24 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) It is in the interest of justice that persons accused of an offence under Articles 3 and 4 of this Directive have a real opportunity to present their case and challenge the charges against them, and have access to the submissions and evidence against them.While the cases concerning terrorism and the financing of terrorism are of serious nature, there is an overriding imperative to disclose to individuals the essence of the case against them when they face the prospect of coercive measures by the State, so that they can give effective instructions to their lawyer or to the special lawyer.This Directive should also adhere to the principle of equality of arms between the parties.
Amendment 29 #
Proposal for a directive
Recital 12
Recital 12
(12) Given the mobility of perpetrators and proceeds stemming from criminal activities, as well as the complex cross- border investigations required to combat money laundering, all Member States should establish their jurisdiction in order to enable the competent authorities to investigate and prosecute such activities. Member States should thereby ensure that their jurisdiction includes situations where an offence is committed by means of information and communication technology from their territory, whether or not based in their territory. Under the international human rights law concept of jurisdiction, States that are contracting parties to human rights treaties are obliged to secure the rights for individuals falling within their jurisdiction, even if such individuals are outside their territory.
Amendment 37 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Directive shall adhere in full to the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 82 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Each Member State shall ensure that effective investigative tools, arising from the relevant legal framework, such as those used in countering organised crime or other serious crimes are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4.