Recital 29

(29) Criminal organisations engage in a wide range of criminal activities. In order to effectively tackle organised criminal activities, it is possible that there are situations where it is appropriate that a criminal conviction for a criminal offence that is liable to give rise to economic benefit be followed by the confiscation not only of property associated with a specific crime, including proceeds of crime or its instrumentalities, but also of additional property which the court determines as being derived from criminal conduct. Such extended confiscation should be possible where a court is satisfied that the property in question is derived from criminal conduct, with no requirement for a conviction for such criminal conduct. The relevant criminal conduct could consist of any type of offence. Individual criminal offences do not have to be proven, but the court must be satisfied that the property in question is derived from such criminal conduct. In this context, the court has to consider the specific circumstances of the case, including the facts and available evidence based on which a decision on extended confiscation could be issued. The fact that the property of the person is disproportionate to that person’s lawful income could be among the facts giving rise to a conclusion by the court that the property derives from criminal conduct. Member States could also determine a requirement for a certain period of time during which it is possible for the property to be deemed to have originated from criminal conduct.

← Recital 28 · All articles · Recital 30 →

Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.