Recital 34

(34) While it should not be a precondition for the confiscation of unexplained wealth that individual offences be proven, there must be sufficient facts and circumstances for the court to be satisfied that the property in question is derived from criminal offences. The relevant criminal conduct could consist of any type of offence committed within the framework of a criminal organisation and liable to give rise to substantial economic benefit, thus being serious in nature. When determining whether the property should be confiscated, national courts should take into account all relevant circumstances of the case, including the available evidence and specific facts, such as that the value of the property is substantially disproportionate to the lawful income of the person. Another relevant factor might be the absence of a plausible licit source of the property, as the provenance of lawfully acquired property can normally be accounted for. The person’s connection to activities of a criminal organisation could also be of relevance, as might circumstances such as the situation in which the property was found or indications of participation in criminal activities. The assessment should be made on a case-by-case basis depending on the circumstances of the case. It should be possible for Member States to decide to allow for confiscation of unexplained wealth where criminal proceedings are discontinued or for such confiscation to be ordered separately from criminal proceedings into the offence.

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