Traduction de «confiscation indépendante d'une procédure pénale » (Français → Anglais) :

In addition to the confiscation (following a criminal conviction) of proceeds and instrumentalities, or to the confiscation of their value, Article 4 allows the confiscation of the proceeds of crime and instrumentalities in cases of the flight or illness of the person concerned (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 and a criminal conviction is not possible).

2. Where confiscation on the basis of paragraph 1 is not possible, at least where such impossibility is the result of illness or absconding of the suspected or accused person, Member States shall take the necessary measures to enable the confiscation of instrumentalities and proceeds in cases where criminal proceedings have been initiated regarding a criminal offence which is liable to give rise, directly or indirectly, to economic benefit, and such proceedings could have led to a criminal conviction if the suspected or accused person had been able to stand trial.

2. Where confiscation on the basis of paragraph 1 is not possible, at least where such impossibility is the result of illness or absconding of the suspected or accused person, Member States shall take the necessary measures to enable the confiscation of instrumentalities and proceeds in cases where criminal proceedings have been initiated regarding a criminal offence which is liable to give rise, directly or indirectly, to economic benefit, and such proceedings could have led to a criminal conviction if the suspected or accused person had been able to stand trial.

23. Three FDs dealing with the freezing and confiscation of assets , including extended confiscatory powers have been agreed with one still subject to reservations.[21] The FD on confiscation of crime-related proceeds provides that in using extended confiscation powers, Member States may use non-criminal procedures.

23. Three FDs dealing with the freezing and confiscation of assets , including extended confiscatory powers have been agreed with one still subject to reservations.[21] The FD on confiscation of crime-related proceeds provides that in using extended confiscation powers, Member States may use non-criminal procedures.

(b) "Financial penalty" shall mean the obligation to pay a sum of money on conviction of a criminal or administrative offence, including orders made in criminal proceedings to pay compensation for the benefit of victims of crime, and orders to pay sums in respect of the costs of court or administrative proceedings; however, it shall not include orders for the confiscation of instrumentalities or proceeds of crime or orders that are enforceable in accordance with Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters(1);