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13 Amendments of Karolin BRAUNSBERGER-REINHOLD related to 2023/0135(COD)

Amendment 223 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 2 – paragraph 1 – point 5
5. ‘national official’ means any person holding an executive, administrative, or judicial office at national, regional or local level, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority. Any person holding a legislative office at national, regional or local level is considered a national official for the purpose of this Directive.
2023/10/16
Committee: LIBE
Amendment 337 #
Karolin BRAUNSBERGER-REINHOLD
Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally and in breach of duty resulting in a financial damage:
2023/10/16
Committee: LIBE
Amendment 338 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 9 – paragraph 1 – point a
(a) the committing, disbursing, appropriation or use by a public official of property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was intendedin breach of their duty to safeguard the pecuniary interests of another which are incumbent upon them by reason of law, by commission of an authority, legal transaction or fiduciary relationship;
2023/10/16
Committee: LIBE
Amendment 346 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 10 – paragraph 1 – point a
(a) the promise, offer or giving, directly or through an intermediary, of an undue advantage of any kind to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official;
2023/10/16
Committee: LIBE
Amendment 349 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 10 – paragraph 1 – point b
(b) the request or receipt, directly or through an intermediary, of an undue advantage of any kind or the promise of such an advantage to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official.
2023/10/16
Committee: LIBE
Amendment 351 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 10 – paragraph 2
2. In order for the conduct referred to in paragraph 1 to be punishable as a criminal offence, it shall be irrelevant whether or not the influence is exerted or whether or not the supposed influence leads to the intended results.
2023/10/16
Committee: LIBE
Amendment 352 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 11
Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: 1. the performance of or failure to perform an act, in violation of laws, by a public official in the exercise of his functions for the purpose of obtaining an undue advantage for that official or for a third party; 2. the performance of or failure to perform an act, in breach of duties, by a person who in any capacity directs or works for a private-sector entity in the course of economic, financial, business or commercial activities for the purpose of obtaining an undue advantage for that person or for a third party.Article 11 deleted Abuse of functions
2023/10/16
Committee: LIBE
Amendment 372 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 13
Enrichment from corruption offences Member States shall take the necessary measures to ensure that the intentional acquisition, possession or use by a public official of property that that official knows is derived from the commission of any of the offences set out in Articles 7 to 12 and 14, is punishable as a criminal offence, irrespective of whether that official was involved in the commission of that offence.Article 13 deleted
2023/10/16
Committee: LIBE
Amendment 376 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 14 – paragraph 3
3. Member States shall take the necessary measures to ensure that attempting any of the offences referred to in Articles 9 and 11 to 13 is punishable as a criminal offence.deleted
2023/10/16
Committee: LIBE
Amendment 421 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 21 – paragraph 2
2. The limitation period referred to in paragraph 1 shall not be shorter than: (a) fifteen years from the time when the offence was committed, for the criminal offences referred to in Articles 7 and 12; (b) ten years from the time when the offence was committed, for the criminal offences referred to in Articles 8 to 11; (c) eight years from the time when the offence was committed, for the criminal offences referred to in Articles 13 and 14.deleted
2023/10/16
Committee: LIBE
Amendment 426 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 21 – paragraph 3
3. By way of derogation from paragraph 2, Member States may establish a shorter limitation period, provided that the period may be interrupted or suspended in the event of specified acts and that the applicable rules on the suspension and limitation periods do not hamper the effectiveness of the judicial process and the dissuasive application of penalties. This period shall not be shorter than: (a) ten years for the criminal offences referred to in Articles 7 and 12; (b) eight years for the criminal offences referred to in Articles 8 to 11; (c) five years for the criminal offences referred to in Articles 13 and 14.deleted
2023/10/16
Committee: LIBE
Amendment 431 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 21 – paragraph 4
4. Member States shall take the necessary measures to enable the enforcement of a penalty of imprisonment following a final conviction for at least: (a) fifteen years from the date of the final conviction for any of the criminal offences referred to in Articles 7 and 12; (b) ten years from the date of the final conviction for any of the criminal offences referred to in Articles 8 to 11; (c) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 13 and 14.deleted
2023/10/16
Committee: LIBE
Amendment 433 #
Karolin BRAUNSBERGER-REINHOLD
Proposal for a directive
Article 21 – paragraph 5
5. By way of derogation from paragraph 4, Member States may establish a shorter limitation period, provided that the period may be interrupted or suspended in the event of specified acts and that the applicable rules on the suspension and limitation periods do not hamper the effectiveness of the judicial process and the dissuasive application of penalties. This period shall not be shorter than: (a) ten years from the date of the final conviction for any of the criminal offences referred to in Articles 7 and 12; (b) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 8 to 11; (c) five years from the date of the final conviction for any of the criminal offences referred to in Articles 13 and 14.deleted
2023/10/16
Committee: LIBE
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