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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

Editorial Guest Editorial for eucrim 1-2012

5 March 2012 // english

Dear Readers, In 2009, the Group of States against Corruption (GRECO) − the Council of Europe’s body responsible for monitoring the implementation of the anti-corruption instruments of the organisation, including the Criminal and Civil Law Conventions on Corruption and three “soft law” instruments – celebrated its tenth anniversary. Three evaluation rounds have so far been completed. A fourth round is being launched in 2012, which will focus on corruption in the judiciary and in parliaments. Over the last decade, most of the 49 GRECO Member States have done much to improve their laws, institutions, and working methods to prevent and… 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 4 years, 9 months 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

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 5 years, 4 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