Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Люксембург

Конфискация (505)

1. MEASURE IMPLEMENTATION

Люксембург

Is this measure possible in your Member State under International Judicial Cooperation?

"Yes. Addition penalty, i.e. requiring an enforcable sentence as antecedent, whereby the ownership of all or several goods of a person is irrevocably allotted to the State. Scope: all types of criminal offences. No alternative measure."

2. LEGAL FRAMEWORK

Люксембург

International legal framework applicable for this measure in your Member State

"Yes. Statutory basis: > Articles 659 ff. of the Code of Criminal Procedure concerning requests for enforcement of foreign decisions of confiscation or restitution. The facts underlying the request must be sanctioned under Luxembourg law and the law of the requesting State by a maximum prison sentence of at least one year. > Unless an international convention is applicable, in particular one of the following: - European Convention on mutual assistance in criminal matters of 20th April 1959 (article 3 ff.), approved by statute of 21st July 1976, and its additional Protocol of 17th March 1978, approved by statute of 27th August 1997 The facts underlying the request must be sanctioned under Luxembourg law and the law of the requesting State by a maximum prison sentence of at least one year or by a severer sentence. Under the additional Protocol, criminal fiscal offenses must qualifiy as fraud under article 396, paragraph 5, of the Tax Bill (""Loi générale des Impôts""), or under article 29, 1st paragraph, of the Statute of 28th January 1948 concerning an equitable and accurate collection of registration duties and inheritance taxes. Mutual legal assitance is subject to the principle of opportunity. - Convention implementing the Schengen Agreement of 14th June 1985, approved by statute of 3rd July 1992, and its Protocol of 24th June 1997, approved by statute of 8th April 1999 - Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, and its Protocol of 16th October 2001, approved by statute of 27th October 2010 - Benelux Treaty on Extradition and Mutual Legal Assistance in Criminal Matters of 27th June 1962 (article 23 ff.), and its Protocol of 11th May 1974 The facts underlying the request must be sanctioned under Luxembourg law and the law of the requesting State by a maximum prison sentence of at least six months or by a severer sentence. - Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime done at Strasbourg on 8th November 1990, approved by statute of 14th June 2001, as amended The facts underlying the request must be qualify as criminal offenses under Luxembourg law, the measure must be provided for under Luxembourg law by the Luxembourgish judicial authorities in an interal analogical case and the goods to be seized must be subject to confiscation (art. 3 and 4 of the statute of 14th June 2001). - United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on 20th December 1988, approved by statute of 17th March 1992, as amended The facts on the basis of which confiscation is sought or has been ordered must qualify as an offense under Luxembourg law and the author ought to be punishable in Luxembourg if the fact had been committed there (article 3 of the statute of 17th March 1992). Measure limited to a duration of two years, after which it must be prolonged."

3. COMPETENT AUTHORITY TO:

Люксембург

* receive the request/decision for judicial cooperation

"The general prosecutor, who will forward the request for enforcement to the court stating on the merits. The court's jurisdiction is determined by the location of the confiscated goods."

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Люксембург

Accepted languages for the request/decision

Translation of the letters rogatory and attached documents into French or German.

5. EXECUTION DEADLINE

Люксембург

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Люксембург

a. Special requirements

"Contents: - an indication of the authority making the request and of the authority that has rendered the decision whose enforcement is sought; - the object of and the reason for the request; - a summary of the facts, including time, place and circumstances of the offence, in so far that the decision to be enforced does not provide any information on these points; - an indication of the criminal conduct under investigation, including the statutory basis and the sanctions that have been imposed ; - if necessary, and where possible: i. the identification of the person(s) concerned, including name, date and place of birth, nationality and their whereabouts, and, for legal persons, their registered office; and ii. the goods in relation to which cooperation is sought, their whereabouts, their relationship to the concerned person(s), any relationship with the criminal conduct as well as any available information concerning the interests of third parties in relation to these goods. As a matter of principle, the ownership of confiscated goods is allotted to the Luxembourg State; under the legislation on drugs, it is allotted to the Fund for the Prevention of certain forms of crime, as instituted by statute of 17 March 1992. Particular agreements or settlements with the Luxembourg State may be negociated. Execution of the measure in conformity with the procedure applicable in the requesting State : possible as a matter of principle; to be assessed on a case by case basis. Relevant formalities to be expressly indicated. "

b. Other useful information

"Assistance or participation of agents of the requesting State in the execution of the measure: Possible as a matter of principle, to be assessed on a case by case basis."

Last reviewed on 11 октомври 2018 by Tools Correspondent
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