Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-11-18-Speech-1-146"

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"en.20021118.8.1-146"2
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"Madam President, I would like to start by congratulating the rapporteur on his work. The seizure or confiscation of the proceeds of crime is indeed, as has been pointed out by the rapporteur too, a genuinely effective tool for combating organised crime. I would add that the confiscation of goods is also a valuable way of building up compensation funds for the victims of organised crime, victims of heinous crimes which can be linked to terrorism, child abuse, the trafficking of human beings or the trafficking of arms or drugs, victims who – it is worth pointing out – are often victims twice over, firstly because, through no fault of their own, they are the victims of a crime, and secondly because they do not subsequently receive sufficient, timely compensation for the damages suffered. Approximation of the rules and procedures governing the matter is therefore urgent and essential, especially where cross-border criminal activities are concerned. With regard to the Kingdom of Denmark’s proposal, I agree with the rapporteur that its scope should be restricted to organised crime offences and I also support his proposal to place the onus to prove the unlawful origin of property upon the prosecution rather than the defendant. Last but not least, although I feel it is essential for it to be possible to confiscate crime-related proceeds, where these have been fictitiously transferred to the spouse or cohabitee or to another legal person, the prosecution must prove that the property of the spouse, cohabitee or other legal person does genuinely belong to the convicted person and that the other persons therefore only have fictitious title or access to it."@en1

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