19 Amendments of Fabio Massimo CASTALDO related to 2016/0412(COD)
Amendment 73 #
Proposal for a regulation
Recital 12
Recital 12
(12) It is important to facilitate the mutual recognition and execution of orders to freeze and to confiscate property by establishing rules obliging a Member State to recognise and execute in its territory freezing and confiscation orders issued by another Member State within the framework of criminal proceedingsa criminal action. The mutual recognition of freezing and confiscation procedures in criminal matters is intended to establish an effective mechanism for the cross-border recognition and enforcement of such judgments, this being one of the most effective means of combating crime. The effectiveness of such a mechanism should ensure the mutual recognition of freezing and confiscation procedures provided that they are ordered in connection with national court proceedings, which, without necessarily being criminal proceedings, meet the essential requirements thereof.
Amendment 75 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should apply to all confiscation orders imposed by a court following proceedings in relaand issued in connection towith a criminal offenceaction and all freezing orders issued with a view to possible subsequent confiscation. It should therefore cover all types of orders covered by Directive 2014/42/EU, as well as other types of orders issued without final conviction within the framework of criminal proceedingsfreezing and confiscation orders issued within the framework of a criminal action, including extended confiscation, third-party confiscation and non-conviction based confiscation orders. Where such measures do not exist in the legal system of a Member State, the latter should be able to recognise and enforce the order issued in another Member State where it is imposed by a court with jurisdiction in criminal matters, and following procedures fully respecting the formal rights of respondents and defendants in criminal proceedings and property-related proceedings presumed - on the basis of facts - to arise from a criminal offence. This Regulation should not apply to freezing and confiscation orders issued within the framework of civil or administrative proceedings.
Amendment 83 #
Proposal for a regulation
Recital 18
Recital 18
(18) This Regulation should be applied taking into account Directives 2010/64/EU30, 2012/13/EU31, 2013/48/EU32, 2016/34333, 2016/80034 and 2016/191935 of the European Parliament and of the Council, which concern procedural rights in criminal proceedings. Directives on procedural rights in criminal proceedings apply only to criminal proceedings involving Member States that are bound by it. In addition, the basic rules of criminal procedure under the Charter apply to the conduct of proceedings that, while not strictly speaking criminal in nature, arise in connection with criminal proceedings. _________________ 30 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, p. 1). 31 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, p. 1). 32 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, p. 1). 33 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, p. 1). 34 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, p. 1). 35 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, p.1).
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down the rules under which a Member State shall recognise and execute in its territory a freezing or a confiscation order issued by another Member State within the framework of a criminal proceedingsaction.
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
- terrorism, including the offences set out in Directive 2017/541/EU;
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 3
Article 3 – paragraph 1 – indent 3
- enslavement and trafficking in human beings,
Amendment 129 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 9 a (new)
Article 3 – paragraph 1 – indent 9 a (new)
- tax offences relating to direct taxes and indirect taxes, including evading taxes by concealing income, earned either legally or illegally, from detection and collection by the tax authorities;
Amendment 135 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 13
Article 3 – paragraph 1 – indent 13
- environmental crime, including illicit waste dumping and trafficking and illicit trafficking in endangered animal species and in endangered plant species and varieties,
Amendment 153 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – introductory part
Article 6 – paragraph 3 – subparagraph 1 – introductory part
The issuing authority shall immediately and at the latest within 24 hours inform the executing authority by any means capable of producing a written record:
Amendment 156 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. As soon as the execution of the order has been completed the executing authority shall informmmediately and at the latest within 24 hours notify the issuing authority by any means capable of producing a written record.
Amendment 171 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The executing authority shall take the decision on the recognition and execution of the confiscation order without delay and, without prejudice to paragraph 5, no later than 310 days after the executing authority has received the confiscation order.
Amendment 173 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The executing authority shall immediately and at the latest within 10 days communicate the decision on a confiscation order to the issuing authority without delay by any means capable of producing a written record.
Amendment 175 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Unless grounds for postponement pursuant to Article 11 exist, the executing authority shall carry out the confiscation without delay and without prejudice to paragraph 5 of this Article, not later than 310 days following the taking of the decision referred to in paragraph 2 of this Article.
Amendment 181 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The executing authority shall without dimmediatelay make a report toand at the latest within 24 hours notify the issuing authority by any means capable of producing a written record on the postponement of the execution of the order, including the grounds for the postponement and, if possible, the expected duration of the postponement.
Amendment 182 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. As soon as the ground for postponement has ceased to exist, the executing authority shall without delimmediately and at the latest within 10 days take the necessary measures for the execution of the order and inform the issuing authority thereof by any means capable of producing a written record.
Amendment 185 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Where it is impossible to execute the confiscation order because the property to be confiscated has already been confiscated, has disappeared, has been destroyed, or cannot be found in the location indicated in the certificate or because the location of the property has not been indicated in a sufficiently precise manner, even after consultation with the issuing authority, the issuing authority shall be notified without delayimmediately and at the latest within 24 hours. Where possible, the order may be executed on other property in accordance with Article 8(2) or (3).
Amendment 187 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the issuing of the order is necessary and proportionate in order to provisionally prevent the destruction, transformation, moving, transfer or disposal of property with a view to possible subsequent confiscation taking into account the rights of the person concerned and any third parties acting in good faith;
Amendment 189 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the reason or reasons for the order are properly indicated, at least briefly.
Amendment 213 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The executing authority shall communicate the decision on a freezing order to the issuing authority without dimmediatelay by any means capable of producing a written record.