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Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation

article  3

CELEX:  32024L1260

Definitions For the purposes of this Directive, the following definitions apply:
(1) ‘proceeds’ means any economic advantage derived directly or indirectly from a criminal offence consisting of any form of property, and including any subsequent reinvestment or transformation of direct proceeds and any valuable benefits;
(2) ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, including crypto-assets, and legal documents or instruments in any form, evidencing title or interest in such property;
(3) ‘instrumentalities’ means any property used or intended to be used, in any manner, wholly or partially, to commit a criminal offence;
(4) ‘tracing and identification’ means any investigation by competent authorities to determine instrumentalities, proceeds or property that might be derived from criminal activities;
(5) ‘freezing’ means the temporary prohibition of the transfer, destruction, conversion, disposal or movement of property or temporarily assuming custody or control of property;
(6) ‘confiscation’ means a final deprivation of property ordered by a court in relation to a criminal offence;
Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation

article  3

CELEX:  32024L1260

(7) ‘criminal organisation’ means a criminal organisation as defined in Article 1, point (1), of Framework Decision 2008/841/JHA;
(8) ‘victim’ means a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU, or a legal person, as defined in national law, that has suffered harm or economic loss as a direct result of any of the offences within the scope of this Directive;
(9) ‘beneficial owner’ means a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849;
(10) ‘affected person’ means:
(a) a natural or legal person against whom a freezing or confiscation order is issued;
(b) a natural or legal person that owns property that is the object of a freezing or confiscation order;
(c) a third party whose rights in relation to property that is the object of a freezing order or a confiscation order are directly prejudiced by that order; or (d) a natural or legal person whose property is subject to an interlocutory sale pursuant to Article 21 of this Directive.