11 Amendments of Renate WEBER related to 2012/0036(COD)
Amendment 70 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘'proceeds’' means any direct economic advantage derived from a criminal offence; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds by a suspected or accused person and any valuable benefits;
Amendment 75 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'confiscation’' means a penalty or a measure, ordered by a court following proceedings in relation to a criminal offence resulting in the final deprivation of property;
Amendment 97 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each Member State shall adopt the necessary measures to enable it to confiscate, either wholly or in part, property belonging to a person convicted of a criminal offence where, based on specific facts, a court finds it substantially more probablend after full utilization of all evidence, a court is convinced that the property in question has been derived by the convicted person from similar criminal activities than from other activities.
Amendment 102 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Each Member State shall take the necessary measures to enable it to confiscate proceeds and instrumentalities without a criminal conviction, following proceedings which couldif a court, based on specific facts and after full utilization of all evidence, is convinced that following proceedings would have led to a criminal conviction, if the suspected or accused person had been able to stand trial, have led to a criminal conviction, where:
Amendment 142 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Each Member State shall take the necessary measures to ensure that reasons are given for any decision to freeze property, that the decision is communicated to the person affected as soon as possible after its execution and that it remains in force only for as long as it is necessary to preserve the property with a view to future confiscation. Each Member State shall provide for the effective possibility to appeal against the decision to freeze by the persons whose property is affected before a court at any time before a decision on confiscation is taken. Frozen property which is not subsequently confiscated shall be returned immediately to its legitimate owner who preserves the right to an effective remedy if his / her property has been altered by the freezing measure.
Amendment 143 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Each Member State shall take the necessary measures to ensure that reasons are given for any decision to confiscate and that the decision is communicated immediately to the person affected. Each Member State shall provide for the effective possibility to appeal against the decision to confiscate before a court by the persons whose property is affected.
Amendment 152 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Where the person whose property is affected is a third party, the person or the person's lawyer shall be informed immediately of the proceedings that can lead to a decision to confiscate that property and shall be allowed to participate in those proceedings to the extent necessary to effectively preserve the person's rights. That person shall have at least the right to be heard, the right to ask questions and the right to provide evidence before a final decision on confiscation is taken.
Amendment 155 #
Proposal for a directive
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
Amendment 157 #
Proposal for a directive
Article 8 – paragraph 6 c (new)
Article 8 – paragraph 6 c (new)
6c. If the court comes to the conclusion that confiscation would lead to the destruction of livelihood of the concerned person, the confiscation ought to be omitted in parts or completely in consideration of the principle of proportionality.
Amendment 158 #
Proposal for a directive
Article 8 – paragraph 6 b (new)
Article 8 – paragraph 6 b (new)
6b. Each Member State shall take the necessary actions in order to ensure that confiscation does not endanger the injured persons' rights and titles against the accused resulting from his criminal action.
Amendment 159 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Each Member State shall take the necessary measures to make it possible to determine the precise extent of the property to be confiscated following a final conviction for a criminal offence or following proceedings as foreseen in Article 5, that has resulted in a decision to confiscate, and to allow further measures to be taken to the extent necessary to effectively execute that decision to confiscate.