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Abstract:By Francesco Guarascio and Jan Strupczewski
div classBodysc17zpet90 cdBBJodivpBy Francesco Guarascio and Jan Strupczewskip
pBRUSSELS Reuters – The European Commission wants to make it easier to confiscate assets linked to serious illegal activities and suspected criminals, including those evading European Union sanctions against the Kremlin, according to a draft document seen by Reuters.pdivdivdiv classBodysc17zpet90 cdBBJodiv
pThe legislative proposal, due to be published on Wednesday and still subject to changes, is aimed at addressing a longstanding weakness in the EU where many states lack sufficiently robust legal frameworks to seize criminal assets, making it easier for criminals to hide their resources and benefit from illegal activities.p
pThe war in Ukraine further exposed this weakness, as many states are struggling to freeze assets of people sanctioned by the EU for their ties to the Kremlin – and many more lack legal powers to confiscate frozen assets.p
pThe legislative proposal would address these weaknesses by creating a common legal framework.p
pCrimes for which the new rules would apply are terrorism, participation in a criminal organisation, human trafficking, money laundering, and also the violation of EU sanctions, which under a separate proposal, also to be published on Wednesday, would become a crime across the EU. p
pAsset seizures would generally require a conviction, but under the draft law, they could be allowed pending trial in some cases for suspected criminals, and also when they are “transferred by a suspected or accused person to third parties,” including family members.p
pAuthorities in EU states have said one of the main obstacles they faced in enforcing the sanctions against Moscow was that affected people had their assets registered under somebody elses name, or transferred them before sanctions were implemented.p
p“We are working on a European tool to make confiscations possible everywhere in all EU states”, the EU justice commissioner Didier Reynders said while preannouncing the incoming measures earlier in May. He said one of the ultimate aims was to redistribute proceeds from these confiscations to Ukraine.p
pTo become law, the proposal needs the backing of EU governments, which have traditionally been cautious about reforms that require changes to their criminal laws.p
p
pp Reporting by Francesco Guarascio fraguarascio Editing by Tomasz Janowskip
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