10 Amendments of Fabio Massimo CASTALDO related to 2017/0226(COD)
Amendment 31 #
Proposal for a directive
Recital 3
Recital 3
(3) Council Framework Decision 2001/413/JHA44 needs to be updated and complemented byin order to include further provisions on offences, penalties and cross- border cooperation with a view to combating computer-related fraud. _________________ 44 Council Framework Decision 2001/413/JHA of 28 May 2001 on combating fraud and counterfeiting of non- cash means of payment (OJ L 149, 2.6.2001, p. 1).
Amendment 50 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The fact that an offence involves a significant aggregate advantage or a high number of victims should be considered an aggravating circumstance. 'Significant aggregate advantage' means a gain of EUR 20 000 or more. 'High number of victims' means 500 victims or more.
Amendment 53 #
Proposal for a directive
Recital 12
Recital 12
(12) Jurisdictional rules should ensure that the offences laid down in this Directive are prosecuted effectively, preventing positive and negative conflicts of jurisdiction by establishing a clear hierarchy of criteria for allocating jurisdiction. In general, offences are best dealt with by the criminal justice system of the country in which they occur. Member States should therefore establish their jurisdiction over offences committed on their territory, over offences committed by their nationals and over offences that cause damage in their territory.
Amendment 87 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) counterfeiting or falsification of a payment instrument in order for it to be used fraudulently;
Amendment 91 #
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) possession, procurement for use, import, export, sale, transport, distribution or otherwise making available of a stolen or otherwise unlawfully appropriated, or of a counterfeited or falsified payment instrument in order for it to be used fraudulently.
Amendment 103 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that, when committed intentionally with fraudulent purpose, the production, procurement for use, import, export, sale, transport, distribution or otherwise making available of a device or an instrument, computer data or any other means specifically designed or adapted for the purpose of committing any of the offences referred to in Article 4(a) and (b) or Article 5, is punishable as a criminal offence.
Amendment 116 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Amendment 123 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3 to 7 whereWhere an offence referred to in Articles 3 to 7 falls within the jurisdiction of more than one Member State and any of the Member States concerned can validly prosecute on the basis of the same facts, those Member States shall cooperate for the purpose of determining which of them will prosecute the offender in order to centralise the proceedings in a single Member State. The following factors shall be taken into account, in order of priority:
Amendment 136 #
3a. Each Member State shall adopt rules to ensure that any positive or negative conflict of jurisdiction can be resolved effectively and without delay. Where an offence falls within the jurisdiction of more than one Member State and can be prosecuted in more than one of those Member States, on the basis of the same facts, the Member States concerned shall cooperate for the purpose of determining which of them is to have jurisdiction in order, if possible, to centralise the proceedings in a single Member State.
Amendment 171 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The statistical data referred to in paragraph 2 shall, as a minimum, cover the number of offences referred to in Articles 3 to 7 reported to the Member States, the number of cases investigated, the number of persons prosecuted for and convicted of the offences referred to in Articles 3 to 7, andthe number of persons involved in the fraud and the extent of the damage caused, data on the functioning of the reporting, investigative and judicial phases concerning these offences.