Recital 48

(48) The affected person should have the effective possibility to challenge freezing, confiscation and interlocutory sales orders. In the case of confiscation orders where all elements of the criminal offence are present but a criminal conviction is impossible, the defendant should have a possibility to be heard before the order is issued, where possible. In the case of confiscation orders pursuant to provisions on extended confiscation and confiscation of unexplained wealth, circumstances that could be challenged by the affected person when challenging the confiscation order before a court should also include specific facts and available evidence on the basis of which the property concerned is considered to be property that is derived from criminal conduct.

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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.