Subject matter
1. This Regulation lays down the rules under which a Member State recognises and executes in its territory freezing orders and confiscation orders issued by another Member State within the framework of proceedings in criminal matters.
2. This Regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles enshrined in Article 6 TEU.
3. When issuing freezing orders or confiscation orders, issuing authorities shall ensure that the principles of necessity and proportionality are respected.
4. This Regulation does not apply to freezing orders and confiscation orders issued within the framework of proceedings in civil or administrative matters.
Definitions
For the purpose of this Regulation, the following definitions apply:
(1)
‘freezing order’ means a decision issued or validated by an issuing authority in order to prevent the destruction, transformation, removal, transfer or disposal of property with a view to the confiscation thereof;
(2)
‘confiscation order’ means a final penalty or measure, imposed by a court following proceedings in relation to a criminal offence, resulting in the final deprivation of property of a natural or legal person;
(3)
‘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, which the issuing authority considers to be:
(a)
the proceeds of a criminal offence, or its equivalent, whether the full amount of the value or only part of the value of such proceeds;
(b)
the instrumentalities of a criminal offence, or the value of such instrumentalities;
(c)
subject to confiscation through the application in the issuing State of any of the powers of confiscation provided for in Directive 2014/42/EU; or
(d)
subject to confiscation under any other provisions relating to powers of confiscation, including confiscation without a final conviction, under the law of the issuing State, following proceedings in relation to a criminal offence;
(4)
‘proceeds’ means any economic advantage derived directly or indirectly from a criminal offence, consisting of any form of property and including any subsequent reinvestment or transformation of direct proceeds and any valuable benefits;
(5)
‘instrumentalities’ means any property used or intended to be used, in any manner, wholly or partially, to commit a criminal offence;
(6)
‘issuing State’ means the Member State in which a freezing order or confiscation order is issued;
(7)
‘executing State’ means the Member State to which a freezing order or confiscation order is transmitted for the purpose of recognition and execution;
(8)
‘issuing authority’ means:
(a)
in respect of a freezing order:
(i)
a judge, court, or public prosecutor competent in the case concerned; or
(ii)
another competent authority which is designated as such by the issuing State and which is competent in criminal matters to order the freezing of property or to execute a freezing order in accordance with national law. In addition, before it is transmitted to the executing authority, the freezing order shall be validated by a judge, court or public prosecutor in the issuing State after examining its conformity with the conditions for issuing such an order under this Regulation. Where the order has been validated by a judge, court or public prosecutor, that other competent authority may also be regarded as an issuing authority for the purposes of transmitting the order;
(b)
in respect of a confiscation order, an authority which is designated as such by the issuing State and which is competent in criminal matters to execute a confiscation order issued by a court in accordance with national law;
(9)
‘executing authority’ means an authority that is competent to recognise a freezing order or confiscation order and to ensure its execution in accordance with this Regulation and the procedures applicable under national law for the freezing and confiscation of property; where such procedures require that a court register the order and authorise its execution, the executing authority includes the authority that is competent to request such registration and authorisation;
(10)
‘affected person’ means the natural or legal person against whom a freezing order or confiscation order is issued, or the natural or legal person that owns the property that is covered by that order, as well as any third parties whose rights in relation to that property are directly prejudiced by that order under the law of the executing State.
Criminal offences
1. Freezing orders or confiscation orders shall be executed without verification of the double criminality of the acts giving rise to such orders, where those acts are punishable in the issuing State by a custodial sentence of a maximum of at least three years and constitute one or more of the following criminal offences under the law of the issuing State:
(1)
participation in a criminal organisation;
(2)
terrorism;
(3)
trafficking in human beings;
(4)
sexual exploitation of children and child pornography;
(5)
illicit trafficking in narcotic drugs and psychotropic substances;
(6)
illicit trafficking in weapons, munitions and explosives;
(7)
corruption;
(8)
fraud, including fraud and other criminal offences affecting the Union's financial interests as defined in Directive (EU) 2017/1371 of the European Parliament and of the Council ( 17 ) ;
(9)
laundering of the proceeds of crime;
(10)
counterfeiting currency, including the euro;
(11)
computer-related crime;
(12)
environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;
(13)
facilitation of unauthorised entry and residence;
(14)
murder or grievous bodily injury;
(15)
illicit trade in human organs and tissue;
(16)
kidnapping, illegal restraint or hostage-taking;
(17)
racism and xenophobia;
(18)
organised or armed robbery;
(19)
illicit trafficking in cultural goods, including antiques and works of art;
(20)
swindling;
(21)
racketeering and extortion;
(22)
counterfeiting and piracy of products;
(23)
forgery of administrative documents and trafficking therein;
(24)
forgery of means of payment;
(25)
illicit trafficking in hormonal substances and other growth promoters;
(26)
illicit trafficking in nuclear or radioactive materials;
(27)
trafficking in stolen vehicles;
(28)
rape;
(29)
arson;
(30)
crimes within the jurisdiction of the International Criminal Court;
(31)
unlawful seizure of aircraft or ships;
(32)
sabotage.
2. For criminal offences other than those referred to in paragraph 1, the executing State may make the recognition and execution of a freezing order or confiscation order subject to the condition that the acts giving rise to the freezing order or confiscation order constitute a criminal offence under the law of the executing State, whatever its constituent elements or however it is described under the law of the issuing State.
