10 Amendments of Sabrina PIGNEDOLI related to 2022/0167(COD)
Amendment 49 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) In order to promote the rule of law and the involvement of civil society in the fight against organised crime this Directive allows for the management of frozen and confiscated property and its re- use for social purposes.
Amendment 51 #
Proposal for a directive
Recital 22
Recital 22
(22) Freezing measures should be without prejudice to the possibility for a specific property to be considered evidence throughout the proceedings, provided that it would ultimately be made available for effective execution of the confiscation order. In the context of criminal proceedings, property mayshall also be frozen with a view to its possible subsequent restitution orand in order to safeguard compensavictims’ rights to compensation and restitution for the damage caused by a criminal offence.
Amendment 78 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property under Article 12 and ensure victims’ compensation under article 18. .
Amendment 99 #
Proposal for a directive
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) immunity from prosecution of the suspected or accused person, as provided for under national and international law;
Amendment 118 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall consider takingtake the necessary measures allowing confiscated property to be used for public interest or social purposes.
Amendment 123 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, Member States shall take the necessary measures to ensure that the confiscation measure does not affect victims’ rights to obtain compensation for their claims. The confiscated property or money obtained after selling such property are either restitute to the victim or used to compensate the victims. Member States shall ensure that, in the course of criminal proceedings, victims are entitled to obtain a decision on compensation by the offender, as soon as possible.
Amendment 140 #
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. Asset recovery offices, asset management offices, and other competent authorities shall closely cooperate with the Commission to monitor the implementation of this Directive and to exchange experiences and best practices on how to ensure victims’ compensation and the use of confiscated properties for public or social purposes.
Amendment 141 #
Proposal for a directive
Article 24 – paragraph 2 – point b a (new)
Article 24 – paragraph 2 – point b a (new)
(b a) measures taken to ensure the social re-use of confiscated property;
Amendment 142 #
Proposal for a directive
Article 24 – paragraph 2 – point b b (new)
Article 24 – paragraph 2 – point b b (new)
(b b) measures taken to ensure that the confiscated property is used to compensate the victims;
Amendment 143 #
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3 a. The Commission ensures that recovery offices, asset management offices, and other competent authorities meet on a regular basis to support the implementation of the national strategies on asset recovery.