Activities of Zbigniew ZIOBRO related to 2012/0036(COD)
Plenary speeches (1)
Freezing and confiscation of proceeds of crime (debate)
Amendments (6)
Amendment 35 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The most effective means of combating organised crime are severe legal consequences, effective detection, seizure and confiscation of the instrumentalities and proceeds of crime. Extended confiscations are particularly effective.
Amendment 72 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘proceeds’ means any economic advantage derived directly or indirectly 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 74 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencing title or interest in such property, as well as property held jointly with a spouse;
Amendment 91 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Each Member State shall take the necessary measures to enable it to confiscate property the value of which corresponds to the proceeds following a final conviction for a criminal offence. The full or partial confiscation of property shall not be ordered if the material proceeds or their equivalent value are subject to return to the injured party or another entity.
Amendment 92 #
Proposal for a directive
Article 3 – paragraph 2 – point 1 (new)
Article 3 – paragraph 2 – point 1 (new)
(1) At the moment of conviction for a crime from which the perpetrator obtained, even indirectly, material proceeds of significant value, property that the perpetrator took into his possession or to which he otherwise gained title at the time of commission of the crime or afterwards, until such point as a judgment – even a non-legally binding judgment – is handed down, shall be considered the material proceeds of the crime, unless the perpetrator or another interested party is able to demonstrate the legal origin of the property and of the means used to obtain it.
Amendment 130 #
Proposal for a directive
Article 6 – paragraph 2 – point b – point ii – point 1 (new)
Article 6 – paragraph 2 – point b – point ii – point 1 (new)
1) It shall be deemed that the person closest to the perpetrator is aware that the property constitutes the material proceeds of the crime, and in the case of economic operators, if the perpetrator or the person closest to him acted as part of the organ of the legal person or was authorised to manage or represent the business at the moment of its acquisition.