7 Amendments of Ignazio CORRAO related to 2016/0414(COD)
Amendment 29 #
Proposal for a directive
Title 1
Title 1
Amendment 38 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the acquisition, possession or use of property, knowing at the time of receipt of the property and of its use in an economic or financial activity, that such property was derived from criminal activity or from an act of participation in such an activity.
Amendment 40 #
Proposal for a directive
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) whether the criminal activity that generated the property was carried out in the territory of a third country, when, under the national law of the Member State transposing this Article, the relevant conduct, had it been committed there, would have been a criminal offence falling into the categories of terrorism or financing of terrorism, organised crime, corruption, trafficking in human beings, sexual exploitation, enslavement, trafficking in waste, trafficking in wild species or tax offences;
Amendment 45 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Seizure of property and of the proceeds of criminal activities 1.Each Member State shall provide for seizure of all property and proceeds derived from criminal activity as defined in Article 2, where, on the basis of the circumstances of the case and taking account of the specific facts and the available evidence, including for example the fact that the value of the property is disproportionate to the legitimate income of the person convicted, the judicial authorities are convinced that the property in question has been derived from criminal conduct in any of the following cases: (a) the offence of money laundering as defined in this Directive has been committed as demonstrated by a conviction that has the force of res judicata in a Member State or, on account of a conviction that is not final, the time limit for conviction of the offender has passed or the case has lapsed due to the death of the offender;or (b) the offence from which the proceeds were derived (predicate offence) has been committed as demonstrated by a conviction handed down in a Member State or a third country or, on account of a conviction that is not final, the time limit for conviction of the offender has passed or the case has lapsed due to the death of the offender. 2.This article shall apply irrespective of whether the laundering or the predicate offence have been committed by a natural or a legal person.
Amendment 63 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The purpose of this directive is not to criminalise socially harmless conduct such as the acquisition of goods and services to meet basic needs, or to penalise people for acquiring goods or services that they have the right to acquire. Persons will therefore not be open to prosecution for money laundering because of having acquired, possessed or used goods in good faith. Persons will be regarded as having acquired goods in bad faith if the value of the agreed consideration is significantly lower than the value of the goods or if it is known or may reasonably be suspected that the acquisition of goods and services might help another person to commit a crime. In particular, lawyers who accept fees in the context of defence in criminal proceedings will not be regarded as committing an offence unless such fees are unreasonably large as measured against the rates customarily charged.
Amendment 173 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Amendment 174 #
Proposal for a directive
Article 8 b (new)
Article 8 b (new)
Article 8b Amendments to Directive 2014/42/EU Directive 2014/42/EU is hereby amended as follows: Article 5(2)(e)a money laundering offences as defined by Directive 2018/XXX/EU on countering money laundering by criminal law.