Activities of Rui TAVARES related to 2012/0036(COD)
Plenary speeches (1)
Freezing and confiscation of proceeds of crime (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union PDF (282 KB) DOC (394 KB)
Amendments (7)
Amendment 54 #
Proposal for a directive
Recital 16
Recital 16
(16) Property frozen with a view to later confiscation should be managed adequately in order not to lose its economic value, to encourage its social reuse and to avoid the risk of further criminal infiltration. Towards that end it would be useful to consider the formation of a European fund that will concentrate a fraction of the confiscated assets from Member States. Such fund should then be open to pilot projects by European citizens, associations, coalitions of NGOs and any other organization of civic society, to encourage the effective social reuse of the confiscated assets and to expand the democratic functions of the European Union. Member States should take the necessary measures including sale or transfer of the property to minimise such losses and to favour the social aims. Member States should take relevant measures, such as the establishment of national centralised Asset Management Offices or equivalent mechanisms (for example where such functions are decentralised), in order to properly manage the assets frozen before confiscation and preserve their value, pending judicial determination.
Amendment 71 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘proceeds’ means any direct economic advantage derived from a criminal offence; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds by a suspected or accused person and any valuable benefits;
Amendment 100 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each Member State shall adopt the necessary measures to enable it to confiscate, either wholly or in part, property belonging to a person convicted of a criminal offence where, based on specific facts, a court finds it substantially more probablend after full utilization of all evidence a court is convinced that the property in question has been derived by the convicted person from similar criminal activities than from other activities.
Amendment 104 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Each Member State shall take the necessary measures to enable it to confiscate proceeds and instrumentalities without a criminal conviction, following proceedings which couldif a court, based on specific facts ad after full utilization of all evidence, is convinced that following proceedings would have led to a criminal conviction, if the suspected or accused person had been able to stand trial, have led to a criminal conviction, where:
Amendment 144 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Each Member State shall take the necessary measures to ensure that the accused or convicted person has the opportunity to challenge the application for confiscation before an independent judicial authority. They shall be given access to material evidence in accordance with the Directive on the right to information in criminal proceedings; have at least the right to be heard, the right to ask questions and the right to provide evidence before a final decision on confiscation is taken. Each Member State shall take the further necessary measures to ensure that reasons are given for any decision to confiscate and that the decision is communicated to the person affected. Each Member State shall provide for the effective possibility to appeal against the decision to confiscate before a court by the persons whose property is affected.
Amendment 160 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Each Member State shall take the necessary measures to make it possible to determine the precise extent of the property to be confiscated following a final conviction for a criminal offence or following proceedings as foreseen in Article 5, that has resulted in a decision to confiscate, and to allow further measures to be taken to the extent necessary to effectively execute that decision to confiscate. The decision must be proportionate and take into account any hardship to the accused or convicted person or any affected person.
Amendment 169 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Each Member State shall ensure that the measures referred to in paragraph 1 encourage the social reuse and optimise the economic value of such property, and shall include the sale or transfer of property which is liable to decline in value. Each Member State shall take the necessary measures to prevent any criminal infiltration in this phrase.