EU Directive on the freezing and confiscation – help in the fight against organized crime groups?


Fighting the organized crime is a complex process that encompasses not only hunting down and breaking crime rings, but also making sure that any profit they have made is eventually seized.  The law has to unable criminals to freely dispose assets acquired in an illegal way. Yet according to a general rule all accused are „innocent until proven guilty”. Although in many European countries aforementioned rule does not apply in certain cases (especially in the criminal law where the burden of proof is shifted onto the defendant), the European Union decided to officially align its Member States’ regulations on that subject. Works on a directive started in 2012 and the final version was presented in 2014 – „Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union”. This document fits perfectly into European Union’s priorities for the fight against serious and organized crime between 2014 and 2017.