WIDEN Latvia represents clients’ interests before the Court of Justice of the European Union

18 balandžio, 2024 Naujienos

On 15 April 2024, WIDEN Latvia partner Armands Rasa, attorney-at-law, represented the interests of its clients before the Court of Justice of the European Union in Luxembourg.

The Constitutional Court referred the matter to the Court of Justice of the European Union and asked preliminary questions. The preliminary questions relate to the compatibility of the proceedings regarding criminally acquired property with Directive 2014/42 and Framework Decision 2005/212.

Proceedings regarding criminally acquired property are separate from the main criminal proceedings. During the proceedings regarding criminally acquired property, the identity of the person who committed the offence is not investigated, but the legality of the origin of funds is examined. If the person related to the property cannot prove the legality of the origin of the property, then the property is confiscated for the benefit of the State.

Proceedings regarding criminally acquired property are governed by Section 59 of the Criminal Procedure Law. At the same time, the European Union also lays down procedures for the freezing and confiscation of the tools of crime and the criminally acquired assets. The Court of Justice of the European Union will therefore assess whether the proceeding regarding criminally acquired property is one that must comply with Directive 2014/42 and Framework Decision 2005/212 and, if it must comply, whether Directive 2014/42 and Framework Decision 2005/212 have been adopted accordingly.

WIDEN Latvia has been providing a wide range of legal assistance for more than 10 years, including in criminal proceedings and proceedings regarding criminally acquired property, as well as in matters related to European Union law.