European Union countries have received the right to confiscate funds and property for circumventing sanctions. To do this, they must prove that the value of the assets subject to seizure does not correspond to the income of the owner. This follows from the directive placed in the legislative framework of the EU and the Council of the EU, reports The Moscow Times.
“When determining whether property should be confiscated, national courts must take into account all the relevant circumstances of the case, including available evidence and specific facts, for example, the value of the property is significantly disproportionate to the person’s legal income,” the document says.
Also in favor of confiscation will be the lack of evidence of the legality of the acquisition of property and the person’s connection with a criminal organization.
At the same time, proof of individual crimes may be “a precondition for the confiscation of unknown wealth.” It must be confirmed that such property or funds were obtained as a result of a crime.
The European Commission noted that the directive will make it impossible for illegally obtained funds to remain in the hands of criminals and for their investment. Law enforcement agencies will be able to track and freeze suspicious assets to prevent them from “disappearing.”
Confiscation of “obscure wealth” will be threatened for illegal weapons trafficking, fraud and sanctions evasion.
p>A Directive is a type of EU legislation, but unlike a regulation, it does not have direct effect. Such a document obliges member countries to make adjustments to their national legislation.
