Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-10-24-Speech-1-255-500"

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"en.20111024.22.1-255-500"2
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"The key to combating organised crime is the use of instruments making it possible to penetrate criminal milieu and infiltrate them, to confiscate the assets of those convicted, and to protect victims effectively. Of particular importance are solutions that affect the financial or economic interests of criminal groups. A very effective measure in this respect has been the introduction of an extended confiscation of property into the legislative framework of some countries. Currently, these provisions have only been introduced in 12 Member States. Therefore, the European Commission should bring about their mandatory implementation across the entire Community. A characteristic element of such a system is that there is no need to prove beyond doubt the criminal origin of assets, only to provide evidence of the fact in accordance with standard procedures in force in a particular country. The burden of proof regarding the legality of the sources of property in question lies with the accused party. Such a provision makes it easier to deprive offenders of the financial gains associated with committing crimes. It should be underscored that it is important to introduce a clear distinction between proving beyond reasonable doubt the guilt of offenders and depriving them of criminal gains, where evidence of the criminal origin of assets should suffice. For the system to be efficient and completely fair, it is necessary to ensure protection of citizens against possible abuses by authorities; for example, giving the courts the right not to issue a confiscation order in situations where it would be unfair. In view of the global nature of organised crime, it is also imperative to strengthen cooperation in this sphere with the EU’s neighbours."@en1
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