Council of the European Union and European Parliament 14 November 2018, Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders

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Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 establishes a legally binding and directly applicable framework for the mutual recognition and execution of freezing orders and confiscation orders issued within the framework of criminal proceedings across EU Member States, replacing the relevant provisions of Framework Decisions 2003/577/JHA and 2006/783/JHA between bound Member States as of 19 December 2020. Key provisions mandate that executing authorities recognise and execute transmitted orders without further formalities for a list of 32 enumerated offences carrying a maximum custodial sentence of at least three years, subject to limited grounds for non-recognition or non-execution including the ne bis in idem principle, fundamental rights breaches, and specified procedural deficiencies, with strict time limits of 48 hours for freezing orders and 45 days for confiscation orders. The Regulation further governs transmission procedures via standardised certificates, disposal and management of frozen and confiscated property, restitution and compensation of victims, cost allocation between Member States, and delegates to the Commission the power to amend the certificate annexes.AI