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Maria Christina Bruno

Anti-Money Laundering: New Obligations Imposed by the 2012 Guardia di Finanza Circular in Italy

1 December 2012 // english

The initial source of the money laundering legislation that is still in full development is Directive 1991/308/EU (also known as the “first directive”) on prevention of the financial system from laundering the proceeds of criminal activities. Directive 2001/97/EU (the “second directive”) on the subject of prevention of employment of the financial system for laundering the proceeds of illicit activities demands a higher standard of obligations on the part of the Member States and extends the scope of the subjects upon whom such obligations are imposed. Italian Legislative Order 231/2007 brings into effect the Directive 2005/60/EU (the “third directive”). It introduces... Read more

Editorial Guest Editorial eucrim 4/2012

1 December 2012 // english

Dear Readers, I am very pleased to introduce this issue of eucrim, devoted to the fight against organised crime − a very complex criminal phenomenon covering a wide range of serious offences threatening the security and fundamental rights of EU citizens, the proper functioning of business and public institutions, and the solvency of the economy and financial markets. To tackle organised crime and bring criminals to justice, competent authorities of Member States and EU agencies need to work together, align their actions, and ensure complementarity. Eurojust’s core tasks, ensuring proper cooperation and coordination, contribute to these goals, resulting in swiftly... Read more

Desterbeck_sw..jpg Francis Desterbeck

The Payment of Fiscal and Social Debts with Seized Money, that Has to Be Reimbursed, in Belgium
Where Treasury, Social Security, and Justice Meet

14 August 2011 (updated 1 year ago) // english

By law of 27 March 2003, the Central Office for Seizure and Confiscation (COSC) was created in Belgium. The new institution, established within the Office of Public Prosecutors, assists the judicial authorities in criminal matters in the areas of seizure of assets, the implementation of criminal procedure with a view to the confiscation of assets, and the enforcement of final and conclusive sentences and orders involving confiscation of assets.1 One of the forms of assistance consists of the management of all cash, seized in criminal matters all over the country. By law of 20 July 2005, a new provision was... Read more

Dr. Christian Johnson / Stefanie Plötzgen-Kamradt

Gegenseitige Anerkennung von Geldstrafen und Geldbußen in Deutschland – zur Umsetzung des Rahmenbeschlusses 2005/214/JI in das deutsche Recht

1 August 2011 // german

Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties was implemented into German law in October 2010. With this instrument, it is for the first time possible to enforce financial penalties in all Member States of the European Union using a uniform procedure, provided that the Member States have adopted the necessary implementation laws. FD 2005/214/JHA is governed by the principle of mutual recognition, which became a cornerstone of cooperation both in civil and in criminal matters at the Council meeting in Tampere in 1999. In particular, the concept of list offences under Art 5 of the FD, where double criminality is not verified by the executing State, is based upon this principle.
In Germany, the Federal Office of Justice (Bundesamt für Justiz) in Bonn has been designated as the competent authority for incoming and outgoing requests under FD 2005/214/JHA. The following article gives … Read more

CrasSteven 2014 SW.jpg Steven Cras / Luca De Matteis

The Directive on Interpretation and Translation in Criminal Proceedings
Genesis and Description

1 November 2010 (updated 1 year, 7 months ago) // english

I. Introduction On 20 October 2010, the European Parliament and the Council adopted Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings.1 The Directive is the first legislative instrument in the field of criminal law that has been adopted under the rules of the Lisbon Treaty, and it is the first measure of the Council’s “Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.”2 The adoption of the Directive provides interesting insight into the concrete application of the Lisbon Treaty, and it marks a significant step in the process of strengthening the procedural... Read more