Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders

CHAPTER I

SUBJECT-MATTER, DEFINITIONS AND SCOPE

Article 1

Subject matter

Article 2

Definitions

For the purpose of this Regulation, the following definitions apply:

(1) ‘freezing order’ means a decision issued or validated by an issuing authority in order to prevent the destruction, transformation, removal, transfer or disposal of property with a view to the confiscation thereof;

(2) ‘confiscation order’ means a final penalty or measure, imposed by a court following proceedings in relation to a criminal offence, resulting in the final deprivation of property of a natural or legal person;

(3) ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencing title or interest in such property, which the issuing authority considers to be: (a) the proceeds of a criminal offence, or its equivalent, whether the full amount of the value or only part of the value of such proceeds; (b) the instrumentalities of a criminal offence, or the value of such instrumentalities; (c) subject to confiscation through the application in the issuing State of any of the powers of confiscation provided for in Directive 2014/42/EU; or (d) subject to confiscation under any other provisions relating to powers of confiscation, including confiscation without a final conviction, under the law of the issuing State, following proceedings in relation to a criminal offence;

(4) ‘proceeds’ means any economic advantage derived directly or indirectly from a criminal offence, consisting of any form of property and including any subsequent reinvestment or transformation of direct proceeds and any valuable benefits;

(5) ‘instrumentalities’ means any property used or intended to be used, in any manner, wholly or partially, to commit a criminal offence;

(6) ‘issuing State’ means the Member State in which a freezing order or confiscation order is issued;

(7) ‘executing State’ means the Member State to which a freezing order or confiscation order is transmitted for the purpose of recognition and execution;

(8) ‘issuing authority’ means: (a) in respect of a freezing order: (i) a judge, court, or public prosecutor competent in the case concerned; or (ii) another competent authority which is designated as such by the issuing State and which is competent in criminal matters to order the freezing of property or to execute a freezing order in accordance with national law. In addition, before it is transmitted to the executing authority, the freezing order shall be validated by a judge, court or public prosecutor in the issuing State after examining its conformity with the conditions for issuing such an order under this Regulation. Where the order has been validated by a judge, court or public prosecutor, that other competent authority may also be regarded as an issuing authority for the purposes of transmitting the order; (b) in respect of a confiscation order, an authority which is designated as such by the issuing State and which is competent in criminal matters to execute a confiscation order issued by a court in accordance with national law;

(9) ‘executing authority’ means an authority that is competent to recognise a freezing order or confiscation order and to ensure its execution in accordance with this Regulation and the procedures applicable under national law for the freezing and confiscation of property; where such procedures require that a court register the order and authorise its execution, the executing authority includes the authority that is competent to request such registration and authorisation;

(10) ‘affected person’ means the natural or legal person against whom a freezing order or confiscation order is issued, or the natural or legal person that owns the property that is covered by that order, as well as any third parties whose rights in relation to that property are directly prejudiced by that order under the law of the executing State.

Article 3

Criminal offences

Freezing orders or confiscation orders shall be executed without verification of the double criminality of the acts giving rise to such orders, where those acts are punishable in the issuing State by a custodial sentence of a maximum of at least three years and constitute one or more of the following criminal offences under the law of the issuing State:

(1) participation in a criminal organisation;

(2) terrorism;

(3) trafficking in human beings;

(4) sexual exploitation of children and child pornography;

(5) illicit trafficking in narcotic drugs and psychotropic substances;

(6) illicit trafficking in weapons, munitions and explosives;

(7) corruption;

(8) fraud, including fraud and other criminal offences affecting the Union's financial interests as defined in Directive (EU) 2017/1371 of the European Parliament and of the Council (¹);

(9) laundering of the proceeds of crime;

(10) counterfeiting currency, including the euro;

(11) computer-related crime;

(12) environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;

(13) facilitation of unauthorised entry and residence;

(14) murder or grievous bodily injury;

(15) illicit trade in human organs and tissue;

(16) kidnapping, illegal restraint or hostage-taking;

(17) racism and xenophobia;

(18) organised or armed robbery;

(19) illicit trafficking in cultural goods, including antiques and works of art;

(20) swindling;

(21) racketeering and extortion;

(22) counterfeiting and piracy of products;

(23) forgery of administrative documents and trafficking therein;

(24) forgery of means of payment;

(25) illicit trafficking in hormonal substances and other growth promoters;

(26) illicit trafficking in nuclear or radioactive materials;

(27) trafficking in stolen vehicles;

(28) rape;

(29) arson;

(30) crimes within the jurisdiction of the International Criminal Court;

(31) unlawful seizure of aircraft or ships;

(32) sabotage.

CHAPTER II

TRANSMISSION, RECOGNITION AND EXECUTION OF FREEZING ORDERS

Article 4

Transmission of freezing orders

The freezing certificate shall:

(a) be accompanied by a confiscation certificate transmitted in accordance with Article 14; or

(b) contain an instruction that the property is to remain frozen in the executing State pending the transmission and execution of the confiscation order in accordance with Article 14, in which case the issuing authority shall indicate the estimated date of this transmission in the freezing certificate.

Article 5

Transmission of a freezing order to one or more executing States

Where a freezing order concerns specific items of property, the freezing certificate may be transmitted to more than one executing State at the same time where:

(a) the issuing authority has reasonable grounds to believe that different items of property covered by the freezing order are located in different executing States; or

(b) the freezing of a specific item of property covered by the freezing order would require action in more than one executing State.

Article 6

Standard freezing certificate

Article 7

Recognition and execution of freezing orders

Article 8

Grounds for non-recognition and non-execution of freezing orders

The executing authority may decide not to recognise or execute a freezing order only where:

(a) executing the freezing order would be contrary to the principle of ne bis in idem;

(b) there is a privilege or immunity under the law of the executing State that would prevent the freezing of the property concerned or there are rules on the determination or limitation of criminal liability that relate to the freedom of the press or the freedom of expression in other media that prevent the execution of the freezing order;

(c) the freezing certificate is incomplete or manifestly incorrect and has not been completed following the consultation referred to in paragraph 2;

(d) the freezing order relates to a criminal offence committed, wholly or partially, outside the territory of the issuing State and, wholly or partially, in the territory of the executing State and the conduct in connection with which the freezing order was issued does not constitute a criminal offence under the law of the executing State;

(e) in a case falling under Article 3(2), the conduct in connection with which the freezing order was issued does not constitute a criminal offence under the law of the executing State; however, in cases that involve taxes or duties or customs and exchange regulations, the recognition or execution of the freezing order shall not be refused on the grounds that the law of the executing State does not impose the same kind of taxes or duties or does not provide for the same type of rules as regards taxes and duties or the same type of customs and exchange regulations as the law of the issuing State;

(f) in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the freezing order would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in the Charter, in particular the right to an effective remedy, the right to a fair trial or the right of defence.

Article 9

Time limits for recognition and execution of freezing orders

Article 10

Postponement of the execution of freezing orders

The executing authority may postpone the execution of a freezing order transmitted in accordance with Article 4 where:

(a) its execution might damage an ongoing criminal investigation, in which case the execution of the freezing order may be postponed until such time as the executing authority considers reasonable;

(b) the property is already the subject of an existing freezing order, in which case the execution of the freezing order may be postponed until that existing order is withdrawn; or

(c) the property is already subject to an existing order issued in the course of other proceedings in the executing State, in which case the execution of the freezing order may be postponed until that existing order is withdrawn; however, this point shall only apply where the existing order would have priority, under national law, over subsequent national freezing orders in criminal matters.

Article 11

Confidentiality

Article 12

Duration of freezing orders

Article 13

Impossibility to execute a freezing order

The non-execution of a freezing order under this Article may only be justified where the property:

(a) has already been confiscated;

(b) has disappeared;

(c) has been destroyed;

(d) cannot be found in the location indicated on the freezing certificate; or

(e) cannot be found because its location has not been indicated in a sufficiently precise manner, despite the consultations referred to in paragraph 2.

CHAPTER III

TRANSMISSION, RECOGNITION AND EXECUTION OF CONFISCATION ORDERS

Article 14

Transmission of confiscation orders

Article 15

Transmission of a confiscation order to one or more executing States

Where a confiscation order concerns specific items of property, the confiscation certificate may be transmitted to more than one executing State at the same time where:

(a) the issuing authority has reasonable grounds to believe that different items of property covered by the confiscation order are located in different executing States; or

(b) the confiscation of a specific item of property covered by the confiscation order would require action in more than one executing State.

Where a confiscation order concerns an amount of money, the confiscation certificate may be transmitted to more than one executing State at the same time where the issuing authority considers that there is a specific need to do so, in particular where:

(a) the property concerned has not been frozen under this Regulation; or

(b) the estimated value of the property which may be confiscated in the issuing State and in any one executing State is not likely to be sufficient for the confiscation of the full amount covered by the confiscation order.

Article 16

Consequences of transmission of confiscation orders

The issuing authority shall immediately inform the executing authority where:

(a) it considers that there is a risk that confiscation in excess of the maximum amount may occur, in particular on the basis of information received from the executing authority pursuant to point (b) of Article 21(1);

(b) all or a part of the confiscation order has been executed in the issuing State or in a different executing State, in which case it shall specify the amount for which the confiscation order has not yet been executed; or

(c) after the transmission of a confiscation certificate in accordance with Article 14, an authority of the issuing State receives any sum of money which has been paid in respect of the confiscation order.

Where point (a) of the first subparagraph applies, the issuing authority shall inform the executing authority as soon as possible when the risk referred to in that point ceases to exist.

Article 17

Standard confiscation certificate

Article 18

Recognition and execution of confiscation orders

Article 19

Grounds for non-recognition and non-execution of confiscation orders

The executing authority may decide not to recognise or execute a confiscation order only where:

(a) executing the confiscation order would be contrary to the principle of ne bis in idem;

(b) there is a privilege or immunity under the law of the executing State that would prevent the confiscation of the property concerned or there are rules on the determination or limitation of criminal liability that relate to the freedom of the press or the freedom of expression in other media that prevent the execution of the confiscation order;

(c) the confiscation certificate is incomplete or manifestly incorrect and has not been completed following the consultation referred to in paragraph 2;

(d) the confiscation order relates to a criminal offence committed, wholly or partially, outside the territory of the issuing State and, wholly or partially, in the territory of the executing State and the conduct in connection with which the confiscation order was issued does not constitute a criminal offence under the law of the executing State;

(e) the rights of affected persons would make it impossible under the law of the executing State to execute the confiscation order, including where that impossibility is a consequence of the application of legal remedies in accordance with Article 33;

(f) in a case falling under Article 3(2), the conduct in connection with which the confiscation order was issued does not constitute a criminal offence under the law of the executing State; however, in cases that involve taxes or duties or customs and exchange regulations, the recognition or execution of the confiscation order shall not be refused on the grounds that the law of the executing State does not impose the same kind of taxes or duties or does not provide for the same type of rules as regards taxes and duties or the same type of customs and exchange regulations as the law of the issuing State;

(g) according to the confiscation certificate, the person against whom the confiscation order was issued did not appear in person at the trial that resulted in the confiscation order linked to a final conviction, unless the confiscation certificate states that, in accordance with further procedural requirements defined in the law of the issuing State, the person: (i) was summoned in person in due time and was thereby informed of the scheduled date and place of the trial that resulted in the confiscation order, or actually received, by other means, official information of the scheduled date and place of that trial in such a manner that it was established unequivocally that that person was aware of the scheduled trial, and was informed in due time that such a confiscation order could be handed down if that person did not appear at the trial; (ii) being aware of the scheduled trial, had given a mandate to a lawyer, who was either appointed by the person concerned or by the State, to defend that person at the trial and was actually defended by that lawyer at the trial; or (iii) after having been served with the confiscation order and having been expressly informed of the right to a retrial or an appeal, in which the person would have the right to participate and which would allow a re-examination of the merits of the case including an examination of fresh evidence, and which could lead to the original confiscation order being reversed, expressly stated that he or she did not contest the confiscation order, or did not request a retrial or appeal within the applicable time limits;

(h) in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the confiscation order would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in the Charter, in particular the right to an effective remedy, the right to a fair trial or the right of defence.

Article 20

Time limits for recognition and execution of confiscation orders

Article 21

Postponement of the execution of confiscation orders

The executing authority may postpone the recognition or execution of a confiscation order transmitted in accordance with Article 14 where:

(a) its execution might damage an ongoing criminal investigation, in which case the execution of the confiscation order may be postponed until such time as the executing authority considers reasonable;

(b) as regards a confiscation order concerning an amount of money, it considers that there is a risk that the total amount obtained from the execution of that confiscation order might considerably exceed the amount specified in the confiscation order because of the simultaneous execution of the confiscation order in more than one Member State;

(c) the property is already the subject of ongoing confiscation proceedings in the executing State; or

(d) a legal remedy as referred to in Article 33 has been invoked.

Article 22

Impossibility to execute a confiscation order

The non-execution of a confiscation order under this Article may only be justified where the property:

(a) has already been confiscated;

(b) has disappeared;

(c) has been destroyed;

(d) cannot be found in the location indicated on the confiscation certificate; or

(e) cannot be found because its location has not been indicated in a sufficiently precise manner, despite the consultations referred to in paragraph 2.

CHAPTER IV

GENERAL PROVISIONS

Article 23

Law governing execution

Article 24

Notification of the competent authorities

Article 25

Means of communication

Article 26

Multiple orders

In taking its decision, the executing authority shall give priority to the interests of victims where possible. It shall also take all other relevant circumstances into account, including the following:

(a) whether the assets are already frozen;

(b) the dates of the respective orders and their dates of transmission;

(c) the seriousness of the criminal offence concerned; and

(d) the place where the criminal offence was committed.

Article 27

Termination of the execution of a freezing order or confiscation order

Article 28

Management and disposal of frozen and confiscated property

Article 29

Restitution of frozen property to the victim

Where the executing authority has been informed of a decision to restitute frozen property to the victim as referred to in paragraph 1, it shall take the necessary measures to ensure that, where the property concerned has been frozen, that property is restituted as soon as possible to the victim, in accordance with the procedural rules of the executing State, where necessary via the issuing State, provided that:

(a) the victim's title to the property is not contested;

(b) the property is not required as evidence in criminal proceedings in the executing State; and

(c) the rights of affected persons are not prejudiced.

The executing authority shall inform the issuing authority where property is transferred directly to the victim.

Article 30

Disposal of confiscated property or money obtained after selling such property

Without prejudice to paragraphs 1 to 5, property other than money that has been obtained as a result of the execution of the confiscation order shall be disposed of in accordance with the following rules:

(a) the property may be sold, in which case the proceeds of the sale are to be disposed of in accordance with paragraph 7;

(b) the property may be transferred to the issuing State provided that, where the confiscation order covers an amount of money, the issuing authority has given its consent to the transfer of property to the issuing State;

(c) subject to point (d), if it is not possible to apply point (a) or (b), the property may be disposed of in another way in accordance with the law of the executing State; or

(d) the property may be used for public interest or social purposes in the executing State in accordance with its law, subject to the consent of the issuing State.

Unless the confiscation order is accompanied by a decision to restitute property to the victim or to compensate the victim in accordance with paragraphs 1 to 5, or unless otherwise agreed by the Member States involved, the executing State shall dispose of the money obtained as a result of the execution of a confiscation order as follows:

(a) if the amount obtained from the execution of the confiscation order is equal to or less than EUR 10 000 , the amount shall accrue to the executing State; or

(b) if the amount obtained from the execution of the confiscation order is more than EUR 10 000 , 50 % of the amount shall be transferred by the executing State to the issuing State.

Article 31

Costs

Such proposals shall be accompanied by a detailed breakdown of the costs incurred by the executing authority. Following such a proposal the issuing authority and the executing authority shall consult with each other. Where appropriate, Eurojust may facilitate such consultations.

The consultations, or at least the result thereof, shall be recorded.

Article 32

Obligation to inform affected persons

Article 33

Legal remedies in the executing State against the recognition and execution of a freezing order or confiscation order

Article 34

Reimbursement

CHAPTER V

FINAL PROVISIONS

Article 35

Statistics

Each year, Member States shall also send the following statistics to the Commission, where they are available at a central level in the Member State concerned:

(a) the number of cases in which a victim was compensated or granted restitution of the property obtained by the execution of a confiscation order under this Regulation; and

(b) the average period required for the execution of freezing orders and confiscation orders under this Regulation.

Article 36

Amendments to the certificate and the form

The Commission is empowered to adopt delegated acts in accordance with Article 37 concerning any amendment to the certificates set out in Annexes I and II. Such amendments shall be in accordance with this Regulation and shall not affect it.

Article 37

Exercise of the delegation

Article 38

Reporting and review

By 20 December 2025, and every five years thereafter, the Commission shall submit a report to the European Parliament, to the Council and to the European Economic and Social Committee on the application of this Regulation, including on:

(a) the possibility for Member States to make and withdraw declarations under Articles 4(2) and 14(2);

(b) the interaction between the respect for fundamental rights and the mutual recognition of freezing orders and confiscation orders;

(c) the application of Articles 28, 29 and 30 in relation to the management and disposal of frozen and confiscated property, the restitution of property to victims and the compensation of victims.

Article 39

Replacement

This Regulation replaces the provisions of Framework Decision 2003/577/JHA as regards the freezing of property between the Member States bound by this Regulation as from 19 December 2020.

This Regulation replaces Framework Decision 2006/783/JHA between the Member States bound by this Regulation as from 19 December 2020.

For the Member States bound by this Regulation, references to Framework Decision 2003/577/JHA as regards freezing of property and references to Framework Decision 2006/783/JHA shall be construed as references to this Regulation.

Article 40

Transitional provisions

Article 41

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 19 December 2020.

However, Article 24 shall apply from 18 December 2018.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

ANNEX I

FREEZING CERTIFICATE

SECTION A:

Issuing State: …

Issuing authority: …

Validating authority (if applicable): …

Executing State: …

Executing authority (if known): …

SECTION B: Urgency and/or requested date for execution

Grounds for this request: … …

SECTION C: Affected person(s)

Identity of the person(s) against whom the freezing order is issued, or of the person(s) that owns/own the property that is covered by the freezing order (if more than one person is affected, please provide the information for each person):

Name: …

First name(s): …

Other relevant name(s), if applicable: …

Aliases, if applicable: …

Sex: …

Nationality: …

Identity number or social security number, if available: …

Type and number of the identity document(s) (identity card or passport), if available:

…

Date of birth: …

Place of birth: …

Residence and/or known address (if the address is not known, the last known address):

…

Language(s) which the affected person understands …

Please indicate the position of the affected person in the proceedings:

□ person against whom the freezing order is directed

□ person that owns the property that is covered by the freezing order

Name: …

Legal form: …

Shortened name, commonly used name or trading name, if applicable: …

Registered seat: …

Registration number: …

Address: …

Name of the representative: …

Please indicate the position of the affected person in the proceedings:

□ person against whom the freezing order is directed

□ person that owns the property that is covered by the freezing order

…

… …

…

SECTION D: Information on property to which the order relates

Additional information:

Grounds for the transmission of the order to the executing State: Additional information:

SECTION E: Grounds for issuing the freezing order

Set out the reasons why the freezing order is issued, including:

— summary of the facts, including a description of the criminal offence(s): … …

— stage of the investigation: … …

— grounds for freezing: … …

— other relevant information: … …

… …

…

SECTION F: Confidentiality of the order and/or request for specific formalities

□ Need to maintain the information in the order confidential after execution: …

□ Need for specific formalities at the time of execution: …

SECTION G: Where a freezing certificate has been transmitted to more than one executing State, provide the following information:

… …

Where the freezing order concerns specific items of property: Where the freezing order concerns an amount of money:

… …

… …

SECTION H: Relation to an earlier freezing order and/or other order(s) or request(s)

Please indicate whether this freezing order relates to an earlier order or request (e.g. freezing order, European Investigation Order, European arrest warrant or mutual legal assistance). If applicable, provide the following information relevant to identify the previous order or request:

— Type of the order/request: …

— Date of issue: …

— Authority to which the order/request was transmitted: …

— Reference number given by the issuing authority: …

— Reference number(s) given by the executing authority(ies): …

SECTION I: Confiscation

Please indicate whether:

□ this freezing certificate is accompanied by a confiscation certificate issued in the issuing State (reference number of the confiscation certificate): …

□ the property shall remain frozen in the executing State pending the transmission and execution of the confiscation order (estimated date for submission of the confiscation certificate, if possible): …

SECTION J: Alternative measures

…

SECTION K: RESTITUTION OF FROZEN PROPERTY

If yes, please specify the following concerning the decision to restitute frozen property to the victim: Authority that issued the decision (official name): … Date of the decision: … Reference number of the decision (if available): … Description of the property to be restituted: … Name of the victim: … Address of the victim: … If the victim's title to the property is contested, please provide details (persons contesting the title, reasons, etc.): … … If rights of affected persons could be prejudiced as a result of the restitution, please provide details (the affected persons, the rights that could be prejudiced, reasons, etc.): … …

The issuing authority shall be notified in case of direct transfer to the victim.

SECTION L: Legal remedies

Authority in the issuing State which can supply further information on procedures for seeking legal remedies in the issuing State and on whether legal assistance, interpretation and translation is available:

□ The issuing authority (see Section M)

□ The validating authority (see Section N)

□ Other: …

SECTION M: Details of the issuing authority

Type of the issuing authority:

□ judge, court, public prosecutor

□ another competent authority designated by the issuing State

Name of the authority: …

Name of the contact person: …

Post held (title/grade): …

File No: …

Address: …

Tel. No (country code) (area/city code): …

Fax No (country code) (area/city code): …

Email: …

Languages in which it is possible to communicate with the issuing authority: …

If different from above, the contact details of the person(s) to contact for additional information or to make practical arrangements for the execution of the order:

Name/Title/Organisation: …

Address: …

Email/Tel. No: …

Signature of the issuing authority and/or its representative certifying the content of the freezing certificate as accurate and correct: …

Name: …

Post held (title/grade): …

Date: …

Official stamp (if available): …

SECTION N: Details of the authority which validated the freezing order

Please indicate the type of authority which has validated the freezing order, if applicable:

□ judge or court

□ public prosecutor

Name of the validating authority: …

Name of the contact person: …

Post held (title/grade): …

File No: …

Address: …

Tel. No (country code) (area/city code): …

Fax No (country code) (area/city code): …

Email: …

Languages in which it is possible to communicate with the validating authority: …

Please indicate the main contact point for the executing authority:

□ issuing authority

□ validating authority

Signature and details of the validating authority and/or its representative:

…

Name: …

Post held (title/grade): …

Date: …

Official stamp (if available): …

SECTION O: Central authority

Where a central authority has been made responsible for the administrative transmission and reception of freezing certificates in the issuing State, please indicate:

Name of the central authority: …

Name of the contact person: …

Post held (title/grade): …

File No: …

Address: …

Tel. No (country code) (area/city code): …

Fax No (country code) (area/city code): …

Email: …

SECTION P: Attachments

Please indicate any attachments to the certificate: …

ANNEX II

CONFISCATION CERTIFICATE

SECTION A:

Issuing State: …

Issuing authority: …

Executing State: …

Executing authority (if known): …

SECTION B: Confiscation order

…

…

…

…

SECTION C: Affected person(s)

Identity of the person(s) against whom the confiscation order is issued, or of the person(s) that owns/own the property that is covered by the confiscation order (if more than one person is affected, please provide the information for each person):

Name: …

First name(s): …

Other relevant name(s), if applicable: …

Aliases, if applicable: …

Sex: …

Nationality: …

Identity number or social security number, if available: …

Type and number of the identity document(s) (identity card or passport), if available:

…

Date of birth: …

Place of birth: …

Residence and/or known address (if address is not known, the last known address):

…

Language(s) which the affected person understands: …

Please indicate the position of the affected person in the proceedings:

□ person against whom the confiscation order is directed

□ person that owns the property that is covered by the confiscation order

Name: …

Legal form: …

Shortened name, commonly used name or trading name, if applicable: …

Registered seat: …

Registration number: …

Address: …

Name of the representative: …

Please indicate the position of the affected person in the proceedings:

□ person against whom the confiscation order is directed

□ person that owns the property that is covered by the confiscation order

…

… …

…

SECTION D: Information on property to which the order relates

Additional information:

Grounds for the transmission of the order to the executing State: Additional information:

SECTION E: Freezing order

Please indicate whether:

□ the confiscation order is accompanied by a freezing order issued in the issuing State (reference number of the freezing certificate): …

□ the property has been frozen in accordance with an earlier freezing order transmitted to the executing State

— date of issue of the freezing order: …

— date of transmission of the freezing order: …

— the authority to which it was transmitted: …

— reference number given by the issuing authority: …

— reference number given by the executing authorities: …

SECTION F: Grounds for issuing the confiscation order

…

…

…

SECTION G: Where a confiscation certificate has been transmitted to more than one executing State, provide the following information:

… …

Where the confiscation order concerns specific items of property: Where the confiscation order concerns an amount of money:

… …

…

SECTION H: Proceedings resulting in the confiscation order

Please indicate if the person against whom the confiscation order was issued appeared in person at the trial that resulted in the confiscation order linked to a final conviction:

4.1a.□ the person was summoned in person on (day/month/year) … and thereby informed of the scheduled date and place of the trial that resulted in the confiscation order and was informed that a confiscation order could be handed down if he or she does not appear at the trial OR 4.1b.□ the person was not summoned in person but actually received, by other means, official information of the scheduled date and place of the trial that resulted in the confiscation order, in such a manner that it was established unequivocally that he or she was aware of the scheduled trial, and was informed that a confiscation order may be handed down if he or she does not appear at the trial OR 4.2.□ being aware of the scheduled trial, the person had given a mandate to a lawyer, who was either appointed by the person concerned or by the state, to defend him or her at the trial, and was actually defended by that lawyer at the trial OR 4.3.□ □ the person was served with the confiscation order on (day/month/year) … and was expressly informed about the right to a retrial or an appeal, in which he or she had the right to participate and which allowed a re-examination of the merits of the case including an examination of fresh evidence, and which could lead to the original confiscation order being reversed, and □ the person expressly stated that he or she did not contest the confiscation order OR □ the person did not request a retrial or appeal within the applicable time limits

SECTION I: Alternative measures, including custodial sanctions

SECTION J: Decision to restitute property to, or compensate, the victim

Authority that issued the decision (official name): … Date of the decision: … Date on which the decision became final: … Reference number of the decision (if available): … Description of the property to be restituted: … Name of the victim: … Address of the victim: … The issuing authority shall be notified in case of direct transfer to the victim.

SECTION K: Details of the issuing authority

Name of authority: …

Name of the contact person: …

Post held (title/grade): …

File No: …

Address: …

Tel. No (country code) (area/city code): …

Fax No (country code) (area/city code): …

Email: …

Languages in which it is possible to communicate with the issuing authority: …

If different from above, the contact details of the person(s) to contact for additional information or to make practical arrangements for the execution of the order or the transfer of the property:

…

Name/Title/Organisation: …

Address: …

Email/Tel. No: …

Signature of the issuing authority and/or its representative certifying the content of the confiscation certificate as accurate and correct: …

Name: …

Post held (title/grade): …

Date: …

Official stamp (if available): …

SECTION L: Central authority

Where a central authority has been made responsible for the administrative transmission and reception of confiscation certificates in the issuing State, please indicate:

Name of the central authority: …

Name of the contact person: …

Post held (title/grade): …

File No: …

Address: …

Tel. No (country code) (area/city code): …

Fax No (country code) (area/city code): …

Email: …

SECTION M: Payment details of the Issuing State

IBAN: …

BIC: …

Name of bank account holder: …

SECTION N: Attachments

Please indicate any attachments to the certificate: