Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

10/11/2021 - EU Court: stakes on seizure and confiscation of third party assets

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Confiscation - third party assets - crime in U.E.

On 21 October 2021, with judgments C-845/19 and C-863/19, the E.U. Court clarified that some provisions of Directive 2014/42 relating to the freezing and confiscation of capital goods and proceeds from crime in the European Union it precludes a national law that allows the confiscation of an asset which is claimed to belong to a person other than the perpetrator of the crime, without that person having the right to intervene, as a party, in the confiscation procedure. All this stems from the story of two Bulgarian citizens convicted in criminal proceedings for having detained highly dangerous drugs without authorization for the purpose of dealing in February 2019. Following the conviction, the confiscation of the sums of money found in the respective lodgings of the interested parties during searches, who declared belonging to members of their respective families, was requested.