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Subject matter
This Directive establishes minimum rules on the tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. This Directive applies without prejudice to freezing and confiscation measures within the framework of proceedings in civil or administrative matters.
Scope
1. This Directive applies to criminal offences covered by: (a) Framework Decision 2008/841/JHA; (b) Directive (EU) 2017/541 of the European Parliament and of the Council ( 29 ) ; (c) Directive 2011/36/EU of the European Parliament and of the Council ( 30 ) ; (d) Directive 2011/93/EU of the European Parliament and of the Council ( 31 ) ; (e) Council Framework Decision 2004/757/JHA ( 32 ) ; (f) the Convention drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union ( 33 ) and Council Framework Decision 2003/568/JHA ( 34 ) ; (g) Directive (EU) 2018/1673 of the European Parliament and of the Council ( 35 ) ; (h) Directive (EU) 2019/713 of the European Parliament and of the Council ( 36 ) ; (i) Directive 2014/62/EU of the European Parliament and of the Council ( 37 ) ; (j) Directive 2013/40/EU of the European Parliament and of the Council ( 38 ) ; (k) the Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against transnational organized crime ( 39 ) ; (l) Directive (EU) 2017/1371 of the European Parliament and of the Council ( 40 ) ; (m) Directive 2008/99/EC of the European Parliament and of the Council ( 41 ) and Directive 2005/35/EC of the European Parliament and of the Council ( 42 ) ; (n) Framework Decision 2002/946/JHA, and Council Directive 2002/90/EC; (o) Directive 2014/57/EU of the European Parliament and of the Council ( 43 ) ; (p) Directive (EU) 2024/1226. 2. This Directive applies to criminal offences, as referred to in Article 1, point (1), of Framework Decision 2008/841/JHA, committed within the framework of a criminal organisation. 3. This Directive shall apply to any criminal offences set out in other Union legal acts where such acts provide that this Directive applies to those criminal offences. 4. The provisions in Chapter II on the tracing and identification of instrumentalities, proceeds or property shall apply to all criminal offences as defined in national law which are punishable by the deprivation of liberty or a detention order of at least one year.
Definitions
For the purposes of this Directive, the following definitions apply: (1) ‘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; (2) ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, including crypto-assets, and legal documents or instruments in any form, evidencing title or interest in such property; (3) ‘instrumentalities’ means any property used or intended to be used, in any manner, wholly or partially, to commit a criminal offence; (4) ‘tracing and identification’ means any investigation by competent authorities to determine instrumentalities, proceeds or property that might be derived from criminal activities; (5) ‘freezing’ means the temporary prohibition of the transfer, destruction, conversion, disposal or movement of property or temporarily assuming custody or control of property; (6) ‘confiscation’ means a final deprivation of property ordered by a court in relation to a criminal offence; (7) ‘criminal organisation’ means a criminal organisation as defined in Article 1, point (1), of Framework Decision 2008/841/JHA; (8) ‘victim’ means a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU, or a legal person, as defined in national law, that has suffered harm or economic loss as a direct result of any of the offences within the scope of this Directive; (9) ‘beneficial owner’ means a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849; (10) ‘affected person’ means: (a) a natural or legal person against whom a freezing or confiscation order is issued; (b) a natural or legal person that owns property that is the object of a freezing or confiscation order; (c) a third party whose rights in relation to property that is the object of a freezing order or a confiscation order are directly prejudiced by that order; or (d) a natural or legal person whose property is subject to an interlocutory sale pursuant to Article 21 of this Directive.
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