International Anti-Corruption Commitments

Title of the document

Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders

Issuing body

European Parliament and Council of Europe

Brief description

This regulation sets out the rules under which an EU country recognises and executes in its territory freezing orders and confiscation orders issued by another EU country in the context of proceedings in criminal matters.

Relevant excerpts

PREAMBLE:

(12) It is important to facilitate the mutual recognition and execution of freezing orders and confiscation orders by establishing rules that oblige a Member State to recognise, without further formalities, the freezing orders and confiscation orders issued by another Member State within the framework of proceedings in criminal matters and to execute those orders within its territory.

Article 3 Criminal offences

1. Freezing orders or confiscation orders shall be executed without verification of the double criminality of the acts giving rise to such orders, where those acts are punishable in the issuing State by a custodial sentence of a maximum of at least three years and constitute one or more of the following criminal offences under the law of the issuing State....