Fiches Belges

Yes, it is possible. Confiscation may apply to: a) assets that were used to commit a crime, intended to commit a crime, derived from a crime, obtained (at least partially) in exchange for assets derived from a crime, b) equivalent value of assets under a), which the perpetrator destroyed or otherwise rendered unavailable for execution of the confiscation, c) to the perpetrator's property (as a whole or in part) as a criminal punishment in case the offender is sentenced to an extraordinary sentence (20 to 30 years or life imprisonment) or it the perpetrator committed an especially serious felony, by which he acquired or tried to acquire profit. The sentence of confiscation of property may also be imposed in case of certain other crimes specified in the Special Part of the Criminal Code.

Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing and confiscation orders. Council Framework Decision 2006/783/JHA on the application of the principle of mutual recognition of confiscation orders (for confiscation orders from IE and DK). COE Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime of 1990 Bilateral treaties on legal assistance in criminal matters.

* receive the request/decision for judicial cooperation In case of standard MLA requests the central authority for receiving requests is the Ministry of Justice. Confiscation orders issued according to the Regulation (EU) 2018/1805 on mutual recognition of freezing orders and confiscation orders may be sent directly to one of the regional courts that also decides about recognition and execution. * execute/recognise the measure (if other than the receiving authority) -

The Regulation (EU) 2018/1805 – Czech and Slovak. Council Framework Decision 2006/783/JHA (for confiscation orders from IE and DK) - Czech Translation of requests made according to the 1990 Strasbourg Convention is not required on the condition of reciprocity.

Time limits stipulated in the Regulation (EU) 2018/1805 and the Council Framework Decision 2006/783/JHA are implemented.

a. Special requirements Section 47 (2) of the Act on Mutual Legal Assistance in Criminal Matters (MLA Act) requires meeting the condition of dual criminality for executing these types of requests. However, there is an exception from the rule of dual criminality when proceeding according to the applicable Framework Decision - in case the request concerns an act, for which the law of the requesting state stipulates a sentence of imprisonment with the upper limit of at least 3 years and which consists in conduct marked under Section F), sub-section (3) of the confiscation certificate, the condition of dual criminality is not required. b. Other useful information Confiscation cannot be used for restitution of assets to the legitimate owner - these are two different institutes that must be strictly distinguished.