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RINSE Project 101046613 Research and INformation Sharing on freezing and confiscation orders in European Union
Level of knowledge with regard to the 2 EU legislative instruments (Regulation (EU) 2018/1805 and Directive 2014/42/EU), their practical implementation measures and their relations with ECHR
Name
*
Name
Surname
Email
*
esempio@esempio.com
Profession
*
Prosecutor
Judge
Lawyer
Investigator
Other institutions involved in asset recovery and reuse chain
Altro
Nationality
*
Italian
French
Belgian
Greek
Altro
What is your overall level of knowledge of Regulation (EU) 2018/1805?
*
Approximate knowledge
1
2
3
4
Excellent knowledge
5
1 is Approximate knowledge, 5 is Excellent knowledge
What is your overall level of knowledge of Directive 2014/42/EU?
*
Approximate knowledge
1
2
3
4
Excellent knowledge
5
1 is Approximate knowledge, 5 is Excellent knowledge
Have you ever been involved in a request for mutual recognition of a freezing and confiscation order, either as requesting authority or as executing authority, under Regulation (EU) 2018/1805?
*
Yes
No
Please indicate the number of cases for which you have requested or been requested mutual recognition of freezing and confiscation orders since 2020.
Please indicate to which States the request for mutual recognition was submitted or from which States the request was received.
I SECTION
Mutual recognition of freezing and confiscation orders in the national legal system. I SECTION What are we talking about?
As a member of your office, have you received internal documents/guidelines regarding the implementation of Regulation (EU) 2018/1805 and Directive 2014/42/EU?
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Yes
No
If you answered YES to the previous question, could you please upload, if possible, a copy of the documents/guidelines for the implementation of Regulation /EU) 2018/1805 and Directive 2014/42/EU. If not possible, please proceed to the next question.
Sfoglia File
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In case you cannot upload the file, could you please provide the name/reference of the document?
Are you aware of the existence, in other legal systems, of freezing and confiscation measures that do not exist in your own legal system?
*
Yes
No
Do you believe you would encounter difficulties if you were to receive a request for mutual recognition of a freezing and confiscation orders for which you are unfamiliar with the underlying grounds and legal status?
Yes
No
Altro
Do you think it would be useful to have a document with an overview of the characteristics of the different forms of freezing and confiscation exixting in the EU Member States?
Yes
No
Altro
If you answered YES to the previous question, do you have any suggestion?
In your capacity, how many and what types of confiscation measures do you deal with?
II Section
Mutual recognition of freezing and confiscation orders in the national legal system II SECTION: problems in the process
Do you believe that the 45-day deadline from the receipt of the confiscation order, as set out in Article 20 of the Regulation, is sufficient for the executing authority to carry out the measure requested by the issuing authority?
Yes
No
Altro
Please indicate which of the following problems you encountered in the process of mutual recognition of freezing and confiscation orders.
Failure to comply with the deadlines for executing the order
Communication difficulties between authorities
Difficulties in understanding the mutual recognition form attached to Regulation (EU) 2018/1805
Reasons for refusing mutual recognition other than those provided for by Regulation (EU) 2018/1805
Altro
In case of an incomplete certificate regarding the description and/or location of the asset, what procedure is adopted by the executing authority?
Refusal of execution
Request for clarifications to the issuing authority
Altro
Are you aware of what procedure to follow in case of multiple measures on the same asset and/or conflicting purposes (e.g., in the case of a bank account freezing, the interest of the victim in satisfying the seized asset v. the interest of the State in seizing the asset)?
Yes
No
Altro
Is there any central authority designated as responsible for the transmission and receipt of freezing and confiscation certificates and for the assistance to competent authorities?
Yes
No
Altro
If you answered YES to the previous question, could you please briefly explain the functions assigned to this authority and how it operates?
If there is not such an authority, have any practices been adopted for a centralized management of the receipt and transmission of orders? If so, could you please briefly describe these procedures?
III Section
Mutual recognition of freezing and confiscation orders in the national legal system III SECTION: cross-border investigation
If you are involved in the national proceedings for identifying and seizing assets, please indicate which authority you work for (e.g., police, financial police).
Does the office you work for belong to the Asset Recovery Offices (AROs)?
Yes
No
Altro
Have you ever worked with an Asset recovery network?
Yes
No
Altro
If you answered YES to the previous question, could you please indicate which asset recovery network you have worked with?
CARIN network
StAR network
Altro
IV Section
Mutual recognition of freezing and confiscation orders in the national legal system IV SECTION: further consequences
In your legal system, is confiscation without previous conviction possible?
Yes
No
Not sure
If you answered YES to the previous question, in what cases is it possible to apply a confiscation measure in the absence of a conviction?
Illness or flight of the suspect or defendant
Extinction of the offense due to prescription/expiry of the limitation period
Altro
Does the national legislation provide for mechanisms to protect and satisfy the victim of the crime through the return of the frozen (Art. 29 Regulation) or confiscated (Art. 30 Regulation) property, or compensation for the damage suffered?
Yes
No
Not sure
If you answered YES to the previous question, what are these mechanisms?
V Section
Mutual recognition of freezing and confiscation orders in the national legal system V SECTION: assets
Have you ever carried out the freezing or confiscation of a company?
Yes
No
Have you ever carried out the freezing or confiscation of an artwork?
Yes
No
Of which type of assets have you ordered freezing or confiscation?
Real estate
Land
Registered movable property
Money
Cryptocurrencies
Companies
Artwork
Bank accounts
Altro
VI Section
Mutual recognition of freezing and confiscation orders in the national legal system VI SECTION: Management and reuse of frozen and confiscated assets
Is there any national legislation governing the institutional and social use of a frozen/confiscated asset?
Yes
No
Not sure
If you answered YES to the previous question, could you please provide the details of the legislation?
Is there any central authority designated as responsible for managing frozen/confiscated assets to prevent deterioration before allocation or sale (Asset Management Offices - AMOs)?
Yes
No
Not sure
Is the management of frozen/confiscated assets carried out by the central authority (e.g., national agency) or by another public or private authority?
Yes, the function is performed by the central authority
No, the function is performed by another public authority
No, the function is performed by another private authority
Altro
Is there any database that includes data on confiscated assets?
Yes
No
Not sure
If a database exists, could you please share its name and website?
Do you know if the Next Generation EU/Recovery and Resilience Fund have allocated funds for the valorization of confiscated assets in your Member State?
Yes
No
Not sure
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