Assets confiscation and prevention of crime in Europe.
An overview upon the EU and domestic legislations

Edited by: Oliveira e Silva Sandra, Quattrocolo Serena, Sacchetto Ernestina

Publication date: 12/2022


EU legal framework

Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders: an introduction

The EU Regulation 2018/1895 on the mutual recognition of freezing and confiscation orders, approved by the European Parliament and the Council on 17 October 2018, officially entered into force on 19 December 2020. By replacing the previous Framework Decisions 2003/577/JHA and 2006/783/JHA, the Regulation confirms the principle of mutual recognition of judgments and judicial decisions, cornerstone of judicial cooperation in criminal matters within of European Union. It applies «to all freezing orders and to all confiscation orders issued within the framework of proceedings in criminal matters» and it covers «all types of freezing orders and confiscation orders issued following proceedings in relation to a criminal offence», even when «without a final conviction» (Recital No. 13).  

PreCrim Conference on Confiscation
28th Jan. 2022, Afternoon  session