Recital 28

(28) The practice by a suspected or accused person of transferring property or proceeds to a knowing third party with a view to avoiding confiscation is common and widespread. Acquisition by a third party refers to situations where, for example, property has been acquired, directly or indirectly, such as through an intermediary, by the third party from a suspected or accused person, including where the criminal offence has been committed on their behalf or for their benefit, and where an accused person does not have property that can be confiscated. Such confiscation should be possible at least in cases where it has been established that the relevant third parties knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation. Whether a third party had or should have had such knowledge should be assessed on the basis of concrete facts and circumstances, including that the transfer was carried out free of charge or in exchange for an amount significantly disproportionate to the market value, that the property was transferred to closely related parties or that it remained under the effective control of the suspected or accused person. Transfers to closely related parties to the suspected or accused person could include transfers to family members or to natural persons who have legal arrangements, or any other close business relations, with the suspected or accused person, or transfers to legal entities in which the suspected or accused person or a family member sits in the administrative, management or supervisory bodies. The rules on third party confiscation should extend to both natural and legal persons, without prejudice to the right of third parties to be heard, including the right to claim ownership of the property concerned. In any event, the rights of bona fide third parties should be protected in accordance with national law.

← Recital 27 · All articles · Recital 29 →

Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.