Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 ()
DESCRIPTION: European legal act establishing the minimum rules on the freezing of property with a view to possible subsequent confiscation and on the confiscation of property in criminal matters. This Directive is without prejudice to the procedures that Member States may use to confiscate the property in question.
eira:ABBeira:BindingInstrumentRequirement
dct:modified2023-07-26
dct:spatialEU
dct:identifierhttp://data.europa.eu/eli/dir/2014/42/oj
dct:titleDirective 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union
dct:descriptionDirective 2014/42/EU is a regulation established by the European Parliament and the Council of the European Union on 3 April 2014. The directive focuses on the freezing and confiscation of instrumentalities and proceeds of crime within the European Union. It aims to prevent and combat organised crime by depriving criminals of their illicit gains, thereby disrupting their criminal activities.
dct:publisherEUR-Lex
dct:sourcehttps://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0042
skos:exampleFor instance, if a criminal organisation is operating in a Member State and generating significant illicit profits, under Directive 2014/42/EU, the authorities of that state can freeze and confiscate the assets and proceeds derived from the criminal activities. This can be done even if the person responsible for the crime is absconding or ill, and cannot be formally convicted. The directive also ensures that if assets are located in another Member State, the confiscation order is recognised and enforced there.
eira:concepteira:SolutionBuildingBlock
skos:noteThe Directive 2014/42/EU aims to enhance the ability of Member States to confiscate and recover the proceeds of crime. It sets minimum rules for the confiscation of criminal assets, including extended confiscation, third-party confiscation, and non-conviction based confiscation in cases of illness or absconding. It also provides for the mutual recognition of freezing and confiscation orders across the EU.
eira:viewLV-Binding Power and Jurisdiction