Confiscation of criminal proceeds in the european union criminal law

• Author: Mihaela Aghenitei
• Position: University of Galati - Romania
• Pages: 1-5

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2013), pp. 1-5

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CONFISCATION OF CRIMINAL PROCEEDS IN THE

EUROPEAN UNION CRIMINAL LAW

M. Agheniei

Mihaela Agheniei

Faculty of Law and Public Administration,

“Dunrea de Jos” University of Galai, Galai, Romania

Institute for Legal Research “A. Radulescu”, Romanian Academy, Bucharest, Romania

*Correspondence: Mihaela Agheniei, 261Cuza St., Brila, Romania

E-mail: m_aghenitei@yahoo.com

Abstract

The confiscation of proceeds of crime has long been seen within the European Union

and beyond as an important tool in the armory of weapons to fight organized crime. The

rationale for focusing on the confiscation of criminal proceeds is at least two- fold. First it

addresses concerns that enormous criminal wealth, generated most notably by various forms

of trafficking offences, risks destabilizing financial systems and corrupting. As such the

confiscation of criminal assets seeks ultimately to reduce and prevent crime by making known

that criminals will not be allowed to legitimate society. Second it attempts to undermine the

“raison d'être” behind most organized crime activity, namely the maximization of profit by

illicit means. As such the confiscation of criminal assets seeks ultimately to reduce and

prevent crime by making known that criminals will not be allowed to enjoy their illicit wealth.

By the same token, focusing on confiscation of criminal wealth can send an important

message by removing negative role models from local communities.

Keywords: “criminal proceeds”, “confiscation”, “reduce and prevent”, “the

European Union criminal law”, “Joint Action and Framework Decision”.

Introduction

Confiscation is defined by the Council Framework Decision 2005/ 212/ JHA of 24

th

February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property,

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as a judicial order “resulting in the final deprivation of property”. That includes property of

any description “whether corporeal or incorporeal, movable or immovable, and legal

documents or instruments evidencing title to or interest in such property” (Council

Framework Decision 2003/ 577/ JHA of 22 July 2003 on the execution in the European Union

of orders freezing property or evidence).

I. Related Proceeds Instrumentalities and Property defines the notion of criminal

proceeds as “any economic advantage from criminal offences”. To avoid the likely dissipation

of suspected criminal assets prior to a confiscation order, the latter is frequently preceded by

the freezing of assets during the course of an investigation. Freezing means a court or other

competent authority order “temporarily prohibiting the transfer, destruction, conversion,

disposition or movement of property or temporarily assuming custody or control of property”

(Council of European Convention on Laundering, Search, Seizure and Confiscation of the

Proceeds from Crime and the Financing of Terrorism of 16 May 2005).

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Convention Implementing the Schengen Agreement.