Financial
investigations for the confiscation
of crime proceeds
The majority of criminal offences is
aimed at acquiring economic
benefits. The importance of
targeting proceeds from crime in
efforts against corruption,
organised crime, money laundering
and other forms of economic crime is
therefore widely recognised:
Targeting
profits serves as a powerful
deterrent
Leaving
criminals with their profits will
allow them to infiltrate and corrupt
the legal economy
Taking
away of the profits removes the
instrument to commit future crimes
Targeting
money helps target the top
management of criminal organisations
Need
to hold up the rule of law and the
moral principle that nobody should
benefit from crime.
The Council of Europe’s strategy
against economic crime therefore
includes the strengthening of
financial investigations aimed at
the search, seizure and confiscation
of crime proceeds.
Standards
Relevant standards include in
particular:
The
Convention on Laundering, Search,
Seizure and Confiscation of the
Proceeds from Crime (ETS 141)
The
Convention on Laundering, Search,
Seizure and Confiscation of the
Proceeds from Crime and on the
Financing of Terrorism (ETS 198)
Monitoring
The implementation of standards
related to financial investigations
is monitored by evaluation
mechanisms:
MONEYVAL
(the Anti-money Laundering
evaluation mechanism of the Council
of Europe)
GRECO
(the Group of States against
Corruption) which covered proceeds
from corruption during its 2nd round
of evaluations.
Technical cooperation
Technical cooperation activities to
strengthen capacities for financial
investigations include:
The
PACO Proceeds project for countries
of south-eastern Europe (2001)
A
best practice survey on the
confiscation of proceeds and the
reversal of the burden of proof
(1998)
The
CARDS Regional Police Project for
south-eastern Europe, including
- A regional strategy on tools
against economic and organized crime
(2005)
- A training manual on financial
investigations and confiscation
(2006)
- A Memorandum of Understanding on
regional cooperation related to
financial investigations (2007)
- Overview of legislation for the
confiscation of proceeds of crime in
South-Eastern Europe
The
MOLI projects in Russia and Ukraine,
the MOLICO project in Moldova and
the PROSECO project in south-eastern
Europe
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COUNCIL OF EUROPE STANDARDS |
Convention
on Laundering, Search, Seizure and Confiscation of the Proceeds
from Crime (CETS No. 141)
English |
French
Convention
on Laundering, Search, Seizure and Confiscation of the
Proceeds from Crime and on the Financing of Terrorism (CETS
No. 198)
English |
French
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MONITORING |
Moneyval
GRECO
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TECHNICAL COOPERATION PROJECTS |
CARDS South-eastern Europe (2005-2007)
MOLI
Projects
MOLICO Moldova (2006-2009)
PROSECO
Regional Project (2008-2010) |
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RELATED DOCUMENTS |
Conclusions
of the Regional Thematic Seminar on Financial
Investigations and Confiscation of Proceeds from Crime,
Cavtat, Croatia, Sept 2008
Best
Practice Survey N°2: Reversal of the burden of proof in
confiscation of the proceeds of crime, May 2000
Confiscation
of Proceeds from Crime in South-Eastern Europe, 2001
Regional
Strategy on Tools against Organised and Economic Crime
with Project Area Specific Actions, September 2005
Training
Manual on Financial Investigations and Confiscation of Proceeds from
Crime, September 2006
Memorandum of
Understanding on Regional Cooperation and Exchange of Information on
Financial Investigations, June 2007 (more…)
Overview
of legislation for the confiscation of proceeds from
crime in South-Eastern Europe, 2007 |
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CONTACT |
Economic Crime Division
Directorate of Co-operation
DG of Human Rights and Legal Affairs
Tel: +33 (0)3 90 21 45 06
Fax:+33 (0)3 88 41 20 52 |
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