EU law allows Romania to confiscate property transferred by criminals to third parties

The property transferred by criminals to third parties, such as spouse or other relatives, can also be confiscated in Romania, according to a directive OK-ed last week by the Council of the European Union. Member states, including Romania, will have two and a half years to enforce the new rule into their legislation. The directive initiated by the European Commission was also adopted by the European Parliament, following a report of the Romanian MEP Monica Macovei, according to local daily Hotnews.ro. “The rules on confiscation from a third party have been harmonized and extensive safeguards have been put in place,” reads the Council’s statement. The directive aims to make it easier for national authorities to recover and confiscate the profits made by criminals from cross-border and organized crime. The directive recently adopted by the Council also provides “several ways for confiscating proceeds of crime in cases of the flight of the person concerned or illness - when it is impossible for the suspect or accused person to attend the criminal proceedings for a longer period of time, meaning that the proceedings cannot continue under normal conditions’, according to the statement. Moreover, it provides for rules on extended powers of confiscation, thus making confiscation easier when a judge is convinced that the property in question has been obtained through crime. The confiscated property could be used in the public interest or for social purposes. Member states will have two and a half years after the entry into force to adopt the necessary national provisions, according to the Council. The directive on freezing and confiscation of proceeds of crime can be found here. Irina Popescu, irina.popescu@romania-insider.com