Council of the European Union and European Parliament 3 April 2014, Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union
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Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 establishes minimum rules governing the freezing and confiscation of instrumentalities and proceeds of crime in the EU, applying to criminal offences covered by a defined list of Union instruments including those addressing corruption, terrorism, drug trafficking, organised crime, and cybercrime. Key provisions mandate standard confiscation following final conviction, extended confiscation of property disproportionate to lawful income where a court is satisfied it derives from criminal conduct, third-party confiscation where the transferee knew or ought to have known the transfer aimed to avoid confiscation, and urgent freezing measures to preserve assets pending confiscation. Member States are required to ensure effective judicial remedies and safeguards for affected persons, adequate asset management of frozen property, and annual statistical reporting to the Commission, with transposition required by 4 October 2015.AI
European Union · · · Cited by 853 · 03-04-2014
29.4.2014
EN
Official Journal of the European Union
L 127/39
DIRECTIVE 2014/42/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 3 April 2014
on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
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