Traduction de «exemption de juridiction criminelle » (Français → Anglais) :

Extended confiscation should be possible where a court is satisfied that the property in question is derived from criminal conduct.

Member States may provide that it could, for example, be sufficient for the court to consider on the balance of probabilities, or to reasonably presume that it is substantially more probable, that the property in question has been obtained from criminal conduct than from other activities.

1. Member States shall adopt the necessary measures to enable the confiscation, either in whole or in part, of property belonging to a person convicted of a criminal offence which is liable to give rise, directly or indirectly, to economic benefit, where a court, on the basis of the circumstances of the case, including the specific facts and available evidence, such as that the value of the property is disproportionate to the lawful income of the convicted person, is satisfied that the property in question is derived from criminal con ...[+++]duct.

The fact that the property of the person is disproportionate to his lawful income could be among those facts giving rise to a conclusion of the court that the property derives from criminal conduct.

AN. whereas criminal groups exploit modern technology, environments and opportunities mirroring legitimate business opportunities and goals; whereas criminal groups have high levels of expertise, organisation, experience and sophistication, backed up by increased mobility, connectivity and ease of travel; whereas this has led to organised crime being less localised and more likely to exploit differing legal systems and differing national legal jurisdictions;

22. As regards confiscation, invites Member States, on the basis of the most advanced national legislations, to consider to implement models of civil law asset forfeiture, in those cases where, on the balance of probabilities and subject to the permission of a court, it can be established that assets result from criminal activities, or are used for criminal activities; considers that preventive models of confiscation could be foreseen following to a court decision, in compliance with constitutional national guarantees and without prejudice to the right of property and the right of defence; moreover encourages Member States to promote t ...[+++]he use of criminal assets for social purposes; suggests that actions should be undertaken and funds released to finance protective measures in order to preserve confiscated assets intact;