The Council of Ministers on the proposal of Minister of Justice, Francisco Caamaño, today approved a bill that will allow automatic mutual recognition of confiscation orders imposed by judges in any EU Member State.
The future law will play a leading role in the fight against organized crime, since it involves the creation of a mechanism to prevent organized crime derive economic benefit from their illegal activity. Its main objective is to confiscate within Europe from the effects of having committed a criminal offense, the instruments used to it and all those who, in accordance with current regulations, may be subject to forfeiture.
By this standard is incorporated into English Law Framework Decision 2006/783/JHA of EU Ministers, which is part of actions aimed at creating the area of \u200b\u200bfreedom, security and justice within the Community, considering the international judicial cooperation as one of its essential parts. Given below, in addition to other important community decisions, such as the European Arrest Warrant (known as OEDE), the reference to the execution of orders freezing assets and preserving evidence and the principle of mutual recognition financial penalties.
This Bill is accompanied by a supplemental draft Law amending the Organic Law of Judicial Power, the sole purpose of recognizing the competence of the judges of the Criminal Court for enforcement in Spain the final confiscation orders transmitted by the competent judicial authorities of other member states of the European Union.
confiscation orders
The seizure may reach the property that derives from criminal activity carried out by the convicted person for a period prior to sentencing, or those on which the national judicial authority is fully satisfied, based on facts ,
of criminal origin, or if it transpires that the value of the property is disproportionate to the lawful income of the convicted person.
Transmission and enforcement of judgments Both
Decision Frame and the draft law transposing
proceeds to sit on the principle of mutual recognition, based on mutual trust between judicial authorities of different Member States, in order to recognize and execute all those judgments that are dictated by
competent judicial authority of a Member State of the European Union. This ensures that any Member State recognized and enforced in their own territory that final judicial decision issued by the competent authority of another Member State, to be directed at the deprivation of certain goods as a result of the criminal process developed in this State. To this end, the regulation provides is based on reconocimiento del principio de no sujeción al control de la doble tipificación y por tanto del reconocimiento y ejecución automático de la resolución de decomiso, en relación con un conjunto de determinados de delitos.
Con este fin, la norma prevé un catálogo de delitos para los que no se exige la doble incriminación, siempre que la pena impuesta en el proceso penal sea de al menos tres años en el Estado de emisión. En estos casos, los jueces de lo Penal –como autoridades judiciales españolas competentes para su ejecución en nuestro país- procederán al reconocimiento automático de la decisión adoptada por la autoridad judicial competente de otro Estado miembro de la Unión Europea, except when one of the limited grounds for refusing recognition and enforcement. Out of that list of dual criminality crime itself may be required for the recognition and enforcement of the resolution.
The future law will play a leading role in the fight against organized crime, since it involves the creation of a mechanism to prevent organized crime derive economic benefit from their illegal activity. Its main objective is to confiscate within Europe from the effects of having committed a criminal offense, the instruments used to it and all those who, in accordance with current regulations, may be subject to forfeiture.
By this standard is incorporated into English Law Framework Decision 2006/783/JHA of EU Ministers, which is part of actions aimed at creating the area of \u200b\u200bfreedom, security and justice within the Community, considering the international judicial cooperation as one of its essential parts. Given below, in addition to other important community decisions, such as the European Arrest Warrant (known as OEDE), the reference to the execution of orders freezing assets and preserving evidence and the principle of mutual recognition financial penalties.
This Bill is accompanied by a supplemental draft Law amending the Organic Law of Judicial Power, the sole purpose of recognizing the competence of the judges of the Criminal Court for enforcement in Spain the final confiscation orders transmitted by the competent judicial authorities of other member states of the European Union.
confiscation orders
The seizure may reach the property that derives from criminal activity carried out by the convicted person for a period prior to sentencing, or those on which the national judicial authority is fully satisfied, based on facts ,
of criminal origin, or if it transpires that the value of the property is disproportionate to the lawful income of the convicted person.
Transmission and enforcement of judgments Both
Decision Frame and the draft law transposing
proceeds to sit on the principle of mutual recognition, based on mutual trust between judicial authorities of different Member States, in order to recognize and execute all those judgments that are dictated by
competent judicial authority of a Member State of the European Union. This ensures that any Member State recognized and enforced in their own territory that final judicial decision issued by the competent authority of another Member State, to be directed at the deprivation of certain goods as a result of the criminal process developed in this State. To this end, the regulation provides is based on reconocimiento del principio de no sujeción al control de la doble tipificación y por tanto del reconocimiento y ejecución automático de la resolución de decomiso, en relación con un conjunto de determinados de delitos.
Con este fin, la norma prevé un catálogo de delitos para los que no se exige la doble incriminación, siempre que la pena impuesta en el proceso penal sea de al menos tres años en el Estado de emisión. En estos casos, los jueces de lo Penal –como autoridades judiciales españolas competentes para su ejecución en nuestro país- procederán al reconocimiento automático de la decisión adoptada por la autoridad judicial competente de otro Estado miembro de la Unión Europea, except when one of the limited grounds for refusing recognition and enforcement. Out of that list of dual criminality crime itself may be required for the recognition and enforcement of the resolution.
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