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EU directive will make it easier to freeze and confiscate criminals’ assets

The directive will enable authorities in countries across Europe to confiscate assets even if the suspect or accused person is ill or has left the region.

RULES TO MAKE it easier for national authorities to trace, freeze, manage and confiscate criminals’ assets across the EU were backed by the Civil Liberties Committee yesterday.

This endorses an informal European Parliament and Council deal struck on 27 November.

Assets

The directive requires member states to enable the confiscation of criminal assets following a final conviction and would enable authorities in countries across Europe to confiscate assets even if the suspect or accused person is ill or has left the region.

A joint declaration by Parliament and Council is also seeking permission from the European Commission to study the feasibility of introducing non-conviction based confiscation.

The agreement would allow member states’ to confiscate assets acquired through crimes such as corruption in the private sector,  active and passive corruption involving officials of EU institutions or of the member states, participation in a criminal organisation, child pornography or cybercriminality.

Offences

The Commission is looking to add new offences to the list of those to which extended confiscation may apply also.

The directive also allows that assets that are transferred to a third party, in the belief that it would escape confiscation, may also be recovered by the authorities.

In 1996, The Criminal Assets Bureau (CAB) was established in Ireland, which already has the remit to carry out investigations into the suspected proceeds of criminal conduct.

CAB identifies assets, either directly or indirectly from criminal conduct and is permitted to take appropriate action to deprive or deny those persons of the assets and the proceeds of their criminal conduct.

The European directive is looking at how confiscated assets can be used for public interest or social purposes.

The agreement is to be put to a plenary vote in Parliament in February 2014 and formally approved by the Council shortly after. Once approved, member states will have 30 months to transpose the directive into their national laws. Ireland will take part in these arrangements, but the UK and Denmark will not.

Read: The Criminal Assets Bureau has a really good rating on eBay>

Read: CAB selling criminal’s Rolex…on eBay>

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8 Comments
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    Mute Irish Cottage Rental
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    Mar 28th 2017, 8:13 AM

    “British Isles” ? seriously Journal. Time to move on!

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    Mute Diarmuid
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    Mar 28th 2017, 11:34 AM

    Not that I like it either…. but it is a geographic term, not a political term.

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    Mute John O'Driscoll
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    Mar 29th 2017, 12:44 AM

    “These Islands” is more neutral. About the only genuinely neutral thing about any of them.

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    Mute Awkward Seal
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    Mar 28th 2017, 8:14 AM

    The British Isles is not a recognised political or geographical term

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    Mute Damocles
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    Mar 28th 2017, 9:58 AM

    @Awkward Seal: it’s a perfectly fine geographical term. The only issue with it is that it makes some Irish people get hysterical.

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    Mute Paul Culligan
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    Mar 28th 2017, 10:13 AM

    @Damocles: So if it makes ‘some’ Irish people hysterical, that’s OK?

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    Mute Damocles
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    Mar 28th 2017, 10:25 AM

    @Paul Culligan: yes. People just need to calm down. Smell the cake, blow on the pizza.

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    Mute fockoffski
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    Mar 28th 2017, 11:12 AM

    @Paul Culligan: it helps sell rags and clickbait the keyboard warriors

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    Mute Ronan Kelly
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    Mar 28th 2017, 10:04 AM

    The proposed legislation is written in a manner that is designed to be abused. The minister’s justification for the legislation has been undermined to the extent that only sucking up to the UK is left. The Minister is intent on securing rights for Foreign fishing vessels along the Irish foreshore and ignoring the Irish fishing industry and coastal communities. A Minister that is not for the Irish fishing industry is against it. Minister Creed should resign over this. This marine department would have successfully disowned our natural resources were it not for the successful appeal by the fishermen in the Supreme Court. Irish resources for Irish vessels. We have some of the best fishing grounds in Europe so let’s find a Minister with ability to deliver for the Irish fishing industry.

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    Mute dotty
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    Mar 28th 2017, 8:13 AM

    Our government rushed this bill to the dail to keep on the British governments good side , without holding any meetings to consult with the Irish fishermen the actual people that will be affected if it was passed. Already our fishing grounds are on a lot of stress and letting more access to them from northern boats would see the demise of a lot of them which would only recover by reducing fishing effort . When all go to shite which it will because our government is trying to please Britain and the eu , who will compensate the Irish fisherman with big boat mortgages ?? Nobody there is no compensation of decommissioning plan in place for the vessels, the will f**k us over and say tough shite.

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    Mute Trump Re[Loaded]
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    Mar 28th 2017, 1:32 PM

    The EU is sinking and Ireland wont float!!

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    Mute Pól Ó Conghaile
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    Mar 28th 2017, 2:24 PM

    @Trump Re[Loaded]: lol you need to stop watching RT or Breitbart. sad,

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    Mute Alois Irlmaier
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    Mar 29th 2017, 4:23 AM

    I bet the EU will hand them over to the Spainish now?

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    Mute James Kelly
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    Apr 2nd 2017, 9:05 AM

    Fishing being a natural resource is vitally important and should not be abused. First and foremost the Minister must fight the ROI fishing sector corner first , last and always. Everything else is noise and an unwelcome distraction from securing the best deal for Irish boats. If deals are to be done with the northern fleet or the U.K. fleet it must be done on the basis of reciprocity where Ireland does not lose out. So sit tight, keep calm and await the outcome of PM May’s negotiations on Brexit ; there will be all sorts of opportunities and Ireland with its “cute hoor” mentality is ideally suited to exploiting any confusion from the Brexit fallout. Tight lines !

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