{"id":8768,"date":"2022-12-19T12:00:45","date_gmt":"2022-12-19T11:00:45","guid":{"rendered":"https:\/\/gbmlf.miam.dev\/?p=8768"},"modified":"2022-12-19T15:21:26","modified_gmt":"2022-12-19T14:21:26","slug":"law-no-1535-of-9-december-2022-reform-of-the-system-of-seizure-and-confiscation-of-instruments-and-products-of-crime","status":"publish","type":"post","link":"https:\/\/gbmlf.miam.dev\/en\/law-no-1535-of-9-december-2022-reform-of-the-system-of-seizure-and-confiscation-of-instruments-and-products-of-crime\/","title":{"rendered":"Law No.1535 of 9 December 2022: reform of the system of seizure and confiscation of instruments and products of crime"},"content":{"rendered":"

19.12.2022<\/p>\n

#Criminal #International #FATF #MONEYVAL #European<\/strong>Union<\/strong><\/p>\n

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Eva GROS<\/a><\/p>\n

Law No. 1.535 of 9 December 2022 on the seizure<\/strong><\/span> (provisional measure consisting in placing property under the control of the judicial authority)<\/em> and confiscation<\/strong><\/span> (sentence pronounced following a criminal conviction which entails the vesting in the State of the confiscated property) of the instruments and proceeds of crime<\/strong><\/span>, stems from bill No. 1067 deposited on the Bureau of the Parliament on 3 November 2022 and voted during the Public Session of 30 November 2022 (published in the JDM No. 8621 of 16 December 2022)<\/p>\n

It should be noted that, in addition, Law No. 1.536 of 9 December 2022 amending Title XI of Book IV of the Code of Criminal Procedure on international judicial assistance<\/a> was passed on the same day, incorporating specific provisions concerning the fate of property seized in execution of a request for foreign mutual assistance<\/strong> (Articles 595-14 to 596-18 of the Code of Criminal Procedure).<\/p>\n

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SUMMARY :<\/strong><\/span><\/p>\n

The purpose of the reform is to transpose into Monegasque law both :<\/p>\n

– Directive 2014\/42\/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and the proceeds of crime in the European Union<\/strong> (Articles 4, 6, 7, 8, 9, 10) concerning the offences referred to in letters b) to e) of its Article 3 namely counterfeiting, fraud and counterfeiting of non-cash means of payment, money laundering, terrorism (pursuant to the Monetary Agreement of 29 November 2011 with the European Union, including its Annex B – The deadline for implementation by Monaco was set at 21 December 2022 by the 2020 Euro Joint Committee)<\/em>;<\/p>\n

– FATF International Recommendation<\/strong>s: Recommendation 4 “Confiscation and Provisional Measures”, Recommendation 30 “Responsibilities of Prosecuting and Investigating Authorities”, Recommendation 38 “Mutual Legal Assistance: Freezing and Confiscation” and their interpretative notes (following the observations of the Council of Europe’s MONEYVAL Committee made in the framework of the 5th evaluation cycle of Monaco)<\/em>.<\/p>\n

The main thrusts of the reform<\/strong> are as follows:<\/p>\n

\u2192 Strengthen the effectiveness of the confiscation penalty: widening the possibilities of seizing confiscable assets<\/strong>, facilitating the tracing<\/strong> of these assets, creating specialised assistants<\/strong> to take part in money laundering procedures;<\/p>\n

\u2192 Guarantee respect for the rights of persons affected by a seizure measure or confiscation order: effective means of appeal<\/strong>;<\/p>\n

\u2192 Improve the management of seized or confiscated assets: establishment of a “service de gestion des avoirs saisis ou confisqu\u00e9s<\/strong>” (seized or confiscated assets management service<\/em>)\u00a0placed under the authority of the Directeur des Services Judiciaires (Director of Judicial Services<\/em>);<\/p>\n

\u2192 Payment of damages awarded to victims of crime<\/strong>: possibility of obtaining from the said service the payment of sums awarded by deduction from the funds or the liquidated value of confiscated property.<\/p>\n

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Related publication:<\/strong><\/p>\n

Law No. 1.536 of 9 December 2022: reform of international judicial assistance in criminal matters<\/a><\/p><\/blockquote>\n