Activities of Hugues BAYET related to 2016/0414(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on countering money laundering by criminal law
Amendments (11)
Amendment 14 #
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, nor all the factual elements or all circumstances relating to the criminal activity. 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.
Amendment 27 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) a prior or simultaneous conviction for the criminal activity that generated the property; from which the property was derived, as referred to in paragraph 1;
Amendment 28 #
Proposal for a directive
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(ba) all the factual elements or all circumstances relating to a criminal activity, where it is established that the property has been derived from such activity, as referred to in paragraph 1;
Amendment 31 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Each Member State shall ensure that inciting, aiding and abetting andthe following is punishable: a) the fact to incite or to attempting an offence referred to in Article 3 shall be punishable.b) the fact to aid or to abet an offence referred to in Article 3
Amendment 36 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Each Member State shall ensure that the offences referred to in Article 3 and in Article 4(b) shall be punishable by a maximum term of imprisonment of at least fourive years, at least in serious cases.
Amendment 41 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Each Member State shall ensure that the offences referred to in Article 4(a) shall be punishable by a maximum term of imprisonment of at least three years.
Amendment 45 #
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the offender is a Politically Exposed Person as defined by national transpositions of Directive 2015/849;
Amendment 48 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Each Member State shall ensure that legal persons can be held liable for any of the offences referred to in Articles 3 and 4 committed for their benefit of those legalr for the benefit of a third persons by any person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person, based on:
Amendment 49 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in Articles 3 and 4 for their benefit of that legalr for the benefit of a third person by a person under its authority.
Amendment 52 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Each Member State shall ensure that a legal person held liable for offences pursuant to Article 67 shall be punishable by effective, proportionate and dissuasive sanctions, which shall include criminal orand non-criminal fines and mayshall include other sanctions, such as:
Amendment 56 #
Proposal for a directive
Article 8 – paragraph 1 – point 2
Article 8 – paragraph 1 – point 2
(2) the temporary or permanent disqualification of that legal person from the practice of commercial activities, including withdrawal of business licences;