Activites

• 2005/03/15 Final act published in Official Journal
• #2642
• 2005/02/24 Council Meeting
• 2005/02/24 End of procedure in Parliament
• 2005/02/24 Act adopted by Council after consultation of Parliament
• #2514
• 2003/06/05 Council Meeting
  • 2514
• #2477
• 2002/12/19 Council Meeting
• 2002/11/20 Decision by Parliament, 1st reading/single reading
  • T5-0552/2002 summary

    The European Parliament adopted a resolution based on the draft by Giuseppe DI LELLO FINUOLI (EUL/NGL, Italy) making some amendments to the Danish initiative. (Please refer to the document dated 5/11/02.)�

• 2002/11/05 Vote in committee, 1st reading/single reading
  • A5-0383/2002
• #2455
• 2002/10/14 Council Meeting
  • 2455 summary

    The Council had an in-depth discussion on a draft Framework Decision on combating corruption in the private sector. Following the debate, the Council decided to instruct the Permanent Representatives Committee to further examine the draft Framework Decision.�

• 2002/09/02 Committee referral announced in Parliament, 1st reading/single reading
• 2002/07/16 Legislative proposal published
  • 10697/2002 summary

    PURPOSE : to present the Initiative of the Kingdom of Denmark with a view to the adoption of a Council Framework Decision on Confiscation of Crime-related Proceeds, Instrumentalities and Property. CONTENT : the main motive for cross-border organised crime is financial gain. In order to be effective, therefore, any attempt to prevent and combat such crime must focus on tracing, freezing, seizing and confiscating the proceeds from crime. However, this is made difficult inter alia as a result of differences between Member States' legislation in this area. Under the Framework Decision 2001/500/JHA on money laundering, search, seizure and confiscation of the proceeds from crime, the Council established the principle of mutual recognition of national measures governing the confiscation of proceeds from crime. Up until now, the existing instruments in this area have not to a sufficient extent achieved effective cross-border cooperation with regard to confiscation as there are still a number of Member States which are unable to confiscate the proceeds from all offences punishable by deprivation of liberty for more than one year. The aim of this Framework Decision is to ensure that all Member States have effective rules governing the confiscation of proceeds from crime, inter alia in relation to the onus of proof regarding the source of assets held by a person convicted of an offence related to organised crime. This Framework Decision is linked to the Framework Decision on the mutual recognition within the European Union of decisions concerning the confiscation of proceeds from crime and asset-sharing. Member States shall adopt the necessary measures to enable them to confiscate, either wholly or in part, instrumentalities and proceeds from criminal offences punishable by deprivation of liberty for more than 1 year, or property the value of which corresponds to such proceeds. Furthermore, Member States shall adopt the necessary measures to enable them to confiscate, either wholly or in part, property belonging to a person convicted of a criminal act, including property not resulting from the criminal act of which the person in question is convicted, if: a) the act is of such a nature that it can generate substantial proceeds, and b) the act is punishable by at least a maximum sentence of up to 6 years in prison. Member States shall also adopt the necessary measures to enable them to confiscate, either wholly or in part, property acquired by the spouse or cohabitee of the person concerned. Member States may disregard cases where the property was acquired more than 3 years prior to the commission of the offence which forms the basis for confiscation, or cases where the marriage or cohabitation did not exist at the time of acquisition.�

  • DG [{'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}],

Documents

• Legislative proposal published: 10697/2002
• Debate in Council: 2455
• Committee report tabled for plenary, 1st reading/single reading: A5-0383/2002
• Decision by Parliament, 1st reading/single reading: T5-0552/2002
• Debate in Council: 2514

History

(these mark the time of scraping, not the official date of the change)