Economic and Financial Crime Unit THE DISCOVERY AND SEIZURE OF ASSETS WITHIN THE FRAMEWORK OF THE INTERNATIONAL COOPERATION Sofia (Bulgaria), March 2004

Economic and Financial Crime Unit Speaker:: Miguel Angel ALONSO RODRIGUEZ, D. Chief Inspector of he Spanish National Police. International Relations Section Central Organised Crime Brigade. REPORT OF SPAIN LEGAL FRAMEWORK DISCOVERY OF ASSETS TO BE SEIZED PROVISIONAL MEASURES DEFINITIVE MEASURES INTERNATIONAL COOPERATION

Economic and Financial Crime Unit LEGAL FRAMEWORK GENERAL REGIME SPECIAL REGIME FOR THE CRIMES OF TRAFFIC OF NARCOTICS SPECIAL REGIME FOR THE CRIMES OF MONEY LAUNDERING SPECIAL REGIME FOR THE CRIMES OF SMUGGLING OTHERS SPECIAL NORMS

Economic and Financial Crime Unit LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others GENERAL REGIME

Economic and Financial Crime Unit MEANS FOR THE PERPETRATION OF THE CRIME ASSETS DERIVED DIRECTLY FROM THE CRIME. PROCEEDS FROM THE CRIME LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others SEIZURE OF THE FOLLOWING ASSETS

Economic and Financial Crime Unit OFFENCE INVOLVING MEANS REA. THAT HE GOODS ARE NOT IN POSSESION OF A THIRD PERSON “IN GOOD FAITH” THAT HAVE ACQUIRED THEM LEGALLY. REQUIREMENTS LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others

Economic and Financial Crime Unit RESTITUTION OF THE GOODS. REDRESS A GRIEVANCE COMPENSATION OF MATERIAL AND MORAL DAMAGES TO THE AGGRIEVED PARTY DESTINATION CIVIL RESPONSABILITY LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others

Economic and Financial Crime Unit LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others GOODS DERIVED FROM THE TRAFFIC OF NARCOTICS

Economic and Financial Crime Unit SEIZURE OF HE FOLLOWING GOODS LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others TOXIC DRUGS, NARCOTICS AND PSYCHOTROPIC SUBSTANCES. INSTRUMENTS USED FOR THE PERPETRATION OF THE CRIME. GOODS DERIVED DIRECTLY OF THE PERPETRATION OF THE CRIME. PROCEEDS OBTAINED OF THE CRIME.

Economic and Financial Crime Unit PROVISIONAL MEASURES LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others JUDICIAL BOND. PROVISIONAL USE FOR THE JUDICIAL POLICE.

Economic and Financial Crime Unit DESTINATION LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others Fund derived of the goods seized from the traffic of drugs and other related crimes. AWARD TO THE STATE

Economic and Financial Crime Unit LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others GOODS DERIVED FROM THE CRIME OF MONEY LAUNDERING

Economic and Financial Crime Unit APPLICABLE REGIME MONEY LAUNDERING FROM DRUGS TRAFFICKING MONEY LAUNDERING FROM OTHER CRIMES SAME THAT FOR DRUGS TRAFFICKING GENERAL REGIME LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others

Economic and Financial Crime Unit DEFINITIVE MEASURES LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others DISSOLUTION OF THE ORGANIZATION, CLOSING OF THEIR PREMISES OR ESTABLISHMENTS. SUSPENSION OF THE ACTIVITIES OF THE ORGANIZATION OR PROVISIONAL CLOSING OF PREMISES OR ESTABLISMENTS PROVISIONAL PROHIBITION FOR CARRYING OUT MERCANTILE OPERATIONS

Economic and Financial Crime Unit LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others GOODS DERIVED FROM THE CRIME OF SMUGGLING

Economic and Financial Crime Unit SEIZURE OF THE FOLLOWING GOODS LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others COMMODITIES THAT CONSTITUTE THE OBJECT OF THE CRIME. MEANS FOR THE PERPETRATION OF THE CRIME. GOODS DERIVED DIRECTLY FROM THE CRIME. PROCEEDS DERIVED FROM THE CRIME.

Economic and Financial Crime Unit DESTINATION LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others AWARD TO THE STATE

Economic and Financial Crime Unit OTHERS NORMS LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others

Economic and Financial Crime Unit SEIZURE OF THE FOLLOWING GOODS LEGAL FRAME WORK General Drugs Money Laundering Smuggling Others Motor Vehicle used in the reckless driving crime. Gifts or presents in the crimes of traffic of influences and bribe.

Economic and Financial Crime Unit TRACING AND DISCOVERING ASSETS TO BE SEIZED

Economic and Financial Crime Unit GENERAL APPROACH CRIME ASSETS Investigated persons RelativesPartnersBrokers

Economic and Financial Crime Unit INVESTIGATION OF PROPERTY TO FIND OUT THE PROPERTY TO FIND OUT OTHER SOURCES OF INCOME TO RELATE THE PROPERTY TO THE CRIME Goals

Economic and Financial Crime Unit INVESTIGATION OF PROPERTY Sources PROPERTY REGISTERS MERCANTILE REGISTERS MINISTRY OF TRANSPORT (Division of Road Traffic) GOVERNMENT AGENCY FOR TAX ADMINISTRATION AND SOCIAL SECURITY BANKING INSTITUTIONS PUBLIC NON PUBLIC

Economic and Financial Crime Unit SOURCES Public Property Register Mercantile Reg. Traffic Non public Banks Treasury and Social Security PROPERTY REGISTERS REQUIREMENTS : Identification of the person Identification of the property INFORMATION : Real Estate

Economic and Financial Crime Unit MERCANTILE REGISTERS REQUIREMENTS : Identification of the natural person Identification of the company INFORMATION : Companies in which he/she has a post Shares and Equities SOURCES Public Property Register Mercantile Reg. Traffic Non public Banks Treasury and Social Security

Economic and Financial Crime Unit TRAFFIC REQUIREMENTS : Identification of the natural person and/or Identification of the vehicle INFORMATION : Motor vehicles SOURCES Public Property Register Mercantile Reg. Traffic Non public Banks Treasury and Social Security

Economic and Financial Crime Unit BANKS REQUIREMENTS : Identification of the natural/legal person Identification of the Banking Institution INFORMATION : Bank accounts and other financial instruments SOURCES Public Property Register Mercantile Reg. Traffic Non public Banks Treasury and Social Security

Economic and Financial Crime Unit TREASURY AND SOCIAL SECURITY REQUIREMENTS : Identification of the natural/legal person INFORMATION : Labour backgrounds Incomes Property SOURCES Public Property Register Mercantile Reg. Traffic Non public Banks Treasury and Social Security

Economic and Financial Crime Unit PROVISIONAL MEASURES

Economic and Financial Crime Unit PROVISIONAL MEASURES PERSONAL PROPERTY VEHICLES CASH MONEY REAL ESTATE SHARES AND EQUITIES BANK ACCOUNTS AND OTHER FINANCIAL INSTRUMENTS COMPANIES

Economic and Financial Crime Unit PERSONAL PROPERTY JUDICIAL DEPOSIT Provisional measures Pers. Property Vehicles CashMoney Real Estate Shares Bank accounts Companies

Economic and Financial Crime Unit VEHICLES JUDICIAL DEPOSIT Provisional measures Pers. Property Vehicles CashMoney Real Estate Shares Bank accounts Companies PREVENTIVE NOTE FOR PROHIBITION OF TRANSFER

Economic and Financial Crime Unit CASH MONEY JUDICIAL DEPOSIT Provisional measures Pers. Property Vehicles Cash Money Real Estate Shares Bank accounts Companies

Economic and Financial Crime Unit REAL ESTATE PREVENTIVE NOTE FOR PROHIBITION OF TRANSFER Provisional measures Pers. Property Vehicles Cash Real Estate Shares Bank accounts Companies

Economic and Financial Crime Unit SHARES AND EQUITIES BEARER SHARES: Judicial Deposit Provisional measures Pers. Property Vehicles Cash Real Estate Shares Bank accounts Companies NOMINAL SHARES: Note for Prohibition of transfer

Economic and Financial Crime Unit BANK ACCOUNTS AND OTHER FINANCIAL INSTRUMENTS Provisional measures Pers. Property Vehicles Cash Real Estate Shares Bank accounts Companies JUDICIAL BLOCKING

Economic and Financial Crime Unit COMPANIES Provisional measures Pers. Property Vehicles Cash Real Estate Shares Bank accounts Companies JUDICIAL ADMINISTRATION

Economic and Financial Crime Unit DEFINITIVEMEASURES

Economic and Financial Crime Unit REQUIREMENTS FINAL VERDICT OF GUILTY

Economic and Financial Crime Unit DESTINATION SELLING Award to the State Civil Responsability Restitution of the asset Redress the grievance Compensatory damages Fine Seizure

Economic and Financial Crime Unit INTERNATIONAL COOPERATION

Economic and Financial Crime Unit INTERNATIONAL COOPERATION FOR TRACING AND DISCOVERING THE ASSETS TO BE SEIZED FOR ADOPTING PROVISIONAL MEASURES FOR ADOPTING DEFINITIVE MEASURES

Economic and Financial Crime Unit TRACING AND DISCOVERING ASSETS TO BE SEIZED POLICE COOPERATION. JUDICIAL COOPERATION. STRASBOURG CONVENTION. PUBLIC SOURCES ALL THE SOURCES

Economic and Financial Crime Unit ADOPTION OF PROVISIONAL MEASURES JUDICIAL COOPERATION. STRASBOURG CONVENTION.

Economic and Financial Crime Unit ADOPTION OF DEFINITIVE MEASURES JUDICIAL COOPERATION. STRASBOURG CONVENTION. BILATERAL TREATIES.