Activities of Assita KANKO related to 2022/0167(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on asset recovery and confiscation
Amendments (10)
Amendment 79 #
Proposal for a directive
Recital 2
Recital 2
(2) The main motive for cross-border organised crime, including high-risk criminal networks, is financial gain. Therefore, to tackle the serious threat posed by organised crime, competent authorities should be given themore operational capacity and necessary means to effectively trace and identify, freeze, confiscate and manage the instrumentalities and proceeds of crime and property that stems from criminal activities.
Amendment 80 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Criminal groups usually reinvest part of their benefits from illegal activities and create financial base enabling them to continue. Depriving criminals of these illicit profits is essential to disrupt their activities and prevent them from infiltrating the legitimate economies.
Amendment 81 #
Proposal for a directive
Recital 3
Recital 3
(3) An effective asset recovery system requires the swift tracing and identification of instrumentalities and proceeds of crime, and property suspected to be of criminal origin. Such proceeds, instrumentalities, and property should be frozen in order to prevent its disappearance, following which it should be confiscated upon conclusion of criminal proceedings. An effective asset recovery system further requires the effective management of frozen and confiscated property to maintain its value for the State or for the restitution for victims or legal persons that have suffered harm caused by a criminal offence.
Amendment 89 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) There is a clear need for closer and more effective cooperation between all Asset Recovery authorities, including through the cooperation of Asset Recovery Offices and Asset Management Offices with their counterparts in other Member States.
Amendment 142 #
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall apply to the following offences and to the offences as defined in the national law of the Member States to the extent that the offence is committed within the framework of a criminal organisation:
Amendment 164 #
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘confiscation’ means a final deprivation of property ordered by a court in relation to a criminal offence or criminal conduct;
Amendment 171 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Asset tracing investigations pursuant to paragraph 1 shall be carried out immediately by competent authorities whenever an investigation or a criminal intelligence operation is initiated in relation to a criminal offence which is likely to give rise to substantial economic benefit, or where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures.
Amendment 217 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall ensure that asset recovery offices have direct access to SIENA and use the SIENA system or, where appropriate, other secure channels for exchanging information pursuant to this Article.
Amendment 231 #
3. Member States shall enable asset recovery offices or other competent authorities to take immediate action pursuant to paragraph 2 until a freezing order pursuant to paragraph 1 is issued. The validity of such temporary urgent freezing measures shall not exceed seven days.
Amendment 238 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall take the necessary measures to enable the confiscation of property the value of which corresponds to instrumentalities or proceeds stemming from a criminal offence following a final conviction, which may also result from proceedings in absentia. Such confiscation may either be subsidiary or alternative to confiscation pursuant to paragraph 1.