Measure Implementation

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

Direct proceeds from crime may be ordered forfeited to the state, insofar as they are not returned or ordered reimbursed to the injured party by way of restitution or compensation. Also other assets may be ordered forfeited when there is reason to believe that the property is derived from from criminal activity. Forfeiture may be ordered on the offender, participant or person on whose behalf, or to whose advantage the offence was committed, as well as on a mala fide third party. If forfeiture of property is not possible (e.g.it has been hidden), forfeiture of the value of the property may be ordered. Extended forfeiture of the proceeds of crime is possible.

Legal Framework

International legal framework applicable for this measure in your Member State

Regulation 2018/1805 FD 2006/783/JHA CoE Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Competent Authority

* receive the request/decision for judicial cooperation

Regulation 2018/1805 and FD 2006/783/JHA: Legal Register Center CoE Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism : Ministry of Justice

Accepted languages

Accepted languages for the request/decision

Finnish, Swedish, English

Execution deadline

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

-

Concise legal practical information

Special requirements

A forfeiture order of a foreign court shall be executed as such. If it is of such a nature that it cannot be executed, a court shall convert the order into a nationally enforceable order. The assets shall be retained by the state. However, upon request of a foreign state the Ministry of Justice may decide that the assets be turned over to that state. ????? Non conviction-based confiscation is not possible in Finland.

Last reviewed on 30 January 2023 by EJN Secretariat

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