Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-11-20-Speech-3-196"
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"en.20021120.3.3-196"2
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".
There are insufficient safeguards for legal rights in the proposal presented by Denmark. It is unacceptable that Member States would be able to confiscate property owned by the defendant or their family members, who have nothing to do with the criminal activity, if the convicted person cannot prove that this property was acquired by legitimate means. This involves something as revolutionary as reversing the burden of proof.
The committee’s amendments are certainly good, as they are aimed at repudiating the reversed burden of proof, but this still does not clarify the situation sufficiently. A satisfactory legal text should clearly establish that only property deriving from proven criminal activity, or of equivalent value, can be seized. We Swedish Christian Democrats believe that the wording of the framework decision should be discussed further, so that no hasty restriction of legal rights occurs.
Although I believe that harmonised EU legislation plays an important role in facilitating the fight against crime, from the point of view of legal rights I am forced to abstain on this matter."@en1
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