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| TSP1656 - Target 5 - Social - AMOUNTS OF MONEY ORDERED BY COURT DECISIONS FOR THE RECOVERY OF THE PROCEEDS OF CRIME AND/OR COMPENSATION OF DAMAGES |
| Definition |
The indicator characterises the involvement of the judicial system (courts) in identifying the financial flows of the proceeds of crime and of other assets related to crimes and which have been subject to provisions of freezing or seizure issued by a competent judicial authority during criminal proceedings in Romania or in the EU.
The indicator Amounts of money ordered by court decisions for the recovery of the proceeds of crime and/or compensation of damages is represented by the amounts of money ordered by court decisions in criminal matters (national and European) communicated to the National Agency for the Administration of Frozen Assets pursuant to Art. 31 of Law No 318/2015 for the establishment, organization and functioning of the National Agency for the Administration of Frozen Assets and for amending and complementing of some normative acts, court decisions ordering recovery of claims and/or damages through:
Criminal fine as the main punishment;
Special confiscation;
Extended confiscation;
Compensations granted to public authorities/institutions;
Compensations granted to the state;
Confiscation orders received from other states on the basis of Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (DC 2006/783/ JHA);
Seizure orders received from other states on the basis of Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing goods or evidence (DC 2003/577/JHA). |
| Periodicity |
Annual |
| Data sources |
National Agency for the Administration of Frozen Assets (ANABI) - The integrated national computer system for recording the claims arising from criminal offences, managed by the ANABI and the Annual Reports of the ANABI |
| Methodology |
Law no. 318/2015 - Art. 31 - (1) The National Agency for the Administration of Frozen Assets keeps records of the decisions and conclusions by which the security measure of special confiscation or extended confiscation ordered by the Romanian courts was taken, as well as those communicated to the Romanian authorities by foreign courts.
(2) The judge delegated with enforcement shall send to the Agency a copy of the decision or conclusion by which the security measure of special confiscation or extended confiscation has been taken.
Art. 38 - (1) The Agency develops and manages the integrated national computer system for recording the claims arising from offences, as a unique system for monitoring the seized, confiscated and capitalized goods within the criminal process.
The international confiscation orders received from other states under DC 2006/783/JHA and the total amount of money on which confiscation was ordered by international orders by a foreign state under DC 2006/783/JHA (RON and EURO equivalent) are ordered based on the Council Framework Decision 2006/783/Justice and European Affairs of 6 October 2006 on the application of the prin-ciple of mutual recognition to confiscation orders and aims at es-tablishing the rules under which a Member State shall recognise and execute in its territory the freezing orders issued by the judi-cial authorities in criminal matter of other Member States.
International freezing orders (seizure) received from other states under the DC 2003/577/JHA and the total amount of money frozen by a foreign state are ordered under the Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence and is intended to allow the competent judicial authorities to act swiftly for the purpose of obtaining sufficient evidence and to seize assets which are easily movable. |
| Last update |
AUG 01, 2024 |
| Observations |
Law No. 228/2020, Art. V - National Agency for the Administration of Frozen Assets is designated as the competent national authority to centralize the data received from the authorities regarding precautionary measures, special confiscations and extended confiscations ordered during criminal proceedings and to compile statistics transmitted annually by the Agency, through the Ministry of Justice, European Commission, in applying the relevant provisions of Art. 11 of the Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union.
- For further details visit quality profile of the indicator.
- For further details you can contact us at the following e-mail address: datestat@insse.ro or phone number: 021-3181824 - extension 1278. |
| Responsible person |
Silvia Chiorean;silvia.chiorean@insse.ro; tel: 0213181879,int.1879;iuliana Negru;0213181842,int.1441;iuliana.negru@insse.ro |
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