3 Amendments of Josef WEIDENHOLZER related to 2012/0036(COD)
Amendment 50 #
Proposal for a directive
Recital 13
Recital 13
(13) The practice by a suspected or accused person of transferring property to a knowing third party with a view to avoiding confiscation is common and increasingly widespread. The current Union legal framework does not contain binding rules on the confiscation of property transferred to third parties. Therefore it is becoming increasingly necessary to allow for confiscation of property transferred to third parties, which should normally take place when an accused person does not have property that can be confiscated. It is appropriate to provide for third party confiscation, under certain conditions, following an assessment, based on specific facts, that the confiscation of property of the convicted, suspected or accused person is unlikely to succeed, or in situations where unique objects must be restored to their rightful owner. Furthermore, to protect the interests of bona fide third parties, such confiscation should only be possible if the third party knew or should have known that property was the proceeds of crime or was transferred in order to avoid confiscation and was given for free or transferred in exchange for an amount lower than its market value. Third party confiscation should also be possible where the acting suspect or accused person was acting for another natural or legal person from the outset.
Amendment 58 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Confiscated proceeds should be used for public interest and social purposes.
Amendment 95 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Claim for compensation Each Member State shall take the necessary measures to ensure that injured parties’ compensation claims are taken into account.