Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 Nov... (32018R1805)
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
- 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
- CHAPTER I
- SUBJECT-MATTER, DEFINITIONS AND SCOPE
- Article 1
- Subject matter
- Article 2
- Definitions
- Article 3
- Criminal offences
- CHAPTER II
- TRANSMISSION, RECOGNITION AND EXECUTION OF FREEZING ORDERS
- Article 4
- Transmission of freezing orders
- Article 5
- Transmission of a freezing order to one or more executing States
- Article 6
- Standard freezing certificate
- Article 7
- Recognition and execution of freezing orders
- Article 8
- Grounds for non-recognition and non-execution of freezing orders
- Article 9
- Time limits for recognition and execution of freezing orders
- Article 10
- Postponement of the execution of freezing orders
- Article 11
- Confidentiality
- Article 12
- Duration of freezing orders
- Article 13
- Impossibility to execute a freezing order
- CHAPTER III
- TRANSMISSION, RECOGNITION AND EXECUTION OF CONFISCATION ORDERS
- Article 14
- Transmission of confiscation orders
- Article 15
- Transmission of a confiscation order to one or more executing States
- Article 16
- Consequences of transmission of confiscation orders
- Article 17
- Standard confiscation certificate
- Article 18
- Recognition and execution of confiscation orders
- Article 19
- Grounds for non-recognition and non-execution of confiscation orders
- Article 20
- Time limits for recognition and execution of confiscation orders
- Article 21
- Postponement of the execution of confiscation orders
- Article 22
- Impossibility to execute a confiscation order
- CHAPTER IV
- GENERAL PROVISIONS
- Article 23
- Law governing execution
- Article 24
- Notification of the competent authorities
- Article 25
- Communication
- Article 26
- Multiple orders
- Article 27
- Termination of the execution of a freezing order or confiscation order
- Article 28
- Management and disposal of frozen and confiscated property
- Article 29
- Restitution of frozen property to the victim
- Article 30
- Disposal of confiscated property or money obtained after selling such property
- Article 31
- Costs
- Article 32
- Obligation to inform affected persons
- Article 33
- Legal remedies in the executing State against the recognition and execution of a freezing order or confiscation order
- Article 34
- Reimbursement
- CHAPTER V
- FINAL PROVISIONS
- Article 35
- Statistics
- Article 36
- Amendments to the certificate and the form
- Article 37
- Exercise of the delegation
- Article 38
- Reporting and review
- Article 39
- Replacement
- Article 40
- Transitional provisions
- Article 41
- Entry into force
- ANNEX I
- FREEZING CERTIFICATE
- SECTION A:
- SECTION B: Urgency and/or requested date for execution
- SECTION C: Affected person(s)
- 1. Identification data
- (i) In the case of natural person(s)
- (ii) In the case of legal person(s)
- SECTION D: Information on property to which the order relates
- SECTION E: Grounds for issuing the freezing order
- 1. Summary of the facts
- SECTION F: Confidentiality of the order and/or request for specific formalities
- SECTION G: Where a freezing certificate has been transmitted to more than one executing State, provide the following information:
- SECTION H: Relation to an earlier freezing order and/or other order(s) or request(s)
- SECTION I: Confiscation
- SECTION J: Alternative measures
- SECTION K: RESTITUTION OF FROZEN PROPERTY
- SECTION L: Legal remedies
- SECTION M: Details of the issuing authority
- SECTION N: Details of the authority which validated the freezing order
- SECTION O: Central authority
- SECTION P: Attachments
- ANNEX II
- CONFISCATION CERTIFICATE
- SECTION A:
- SECTION B: Confiscation order
- SECTION C: Affected person(s)
- 1. Identification data
- (i) In the case of natural person(s)
- (ii) In the case of legal person(s)
- SECTION D: Information on property to which the order relates
- 5. Information on conversion and transfer of property
- SECTION E: Freezing order
- SECTION F: Grounds for issuing the confiscation order
- SECTION G: Where a confiscation certificate has been transmitted to more than one executing State, provide the following information:
- SECTION H: Proceedings resulting in the confiscation order
- SECTION I: Alternative measures, including custodial sanctions
- SECTION J: Decision to restitute property to, or compensate, the victim
- SECTION K: Details of the issuing authority
- SECTION L: Central authority
- SECTION M: Payment details of the Issuing State
- SECTION N: Attachments
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