Activities of Virginie ROZIÈRE 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 (10)
Amendment 27 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to deter money laundering throughout the Union, Member States should lay down minimum types and levels of penalties when the criminal offences defined in this Directive are committed. Where the offence is committed within a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA37 8 or where the perpetrator abused their professional position to enable money laundering or when the perpetrator is a politically exposed person, Member States should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems. _________________ 37 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, (OJ L 300, 11.11.2008, p. 42)
Amendment 31 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) In countering money laundering by means of criminal law, a high level of legal certainty as well as respect for fundamental rights and, in particular, the rights of the accused should be ensured.In that respect, all measures taken by Member States should be proportionate and balanced.
Amendment 38 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Directive shall fully respect the Charter of Fundamental Rights of the European Union.
Amendment 50 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. In order for an offence referred to For the purpose of implementing paragraph 1 to be punishable, it shall not be necessary to establish, each Member State shall ensure that:
Amendment 52 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) it is not necessary to establish a prior or simultaneous conviction for the criminal activity that generated the property;
Amendment 54 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) it is not necessary to establish the identity of the perpetrator of the criminal activity that generated the property or other circumstances relating to that criminal activity;
Amendment 55 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) it is not necessary to establish whether the criminal activity that generated the property was carried out in the territory of another Member State or in that of a third country, when the relevant conduct is a criminal offence under the national law of the Member State or the third country where the conduct was committed and would be a criminal offence under the national law of the Member State implementing or applying this Article had it been committed there;
Amendment 58 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The knowledge, intent or purpose required as an element of an offence set out in paragraph 1 may be inferred from objective, factual circumstances.
Amendment 66 #
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) the offender is a politically exposed person within the meaning of Article 3 of Directive 2015/849/EU.
Amendment 72 #
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 or non-criminal fines and may include other sanctions, such as: