C-8/24Criminal proceedings against D. d.o.o

Domstolens egne nøkkelord

Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Regulation (EU) 2018/1805 – Article 1(1) and (4) – Confiscation order issued in criminal proceedings – Point 2 of Article 2 and point 3(a) and (d) of Article 2 – Confiscation in relation to a criminal offence, but without a final conviction – Confiscation order imposed in a judgment of acquittal finding that the goods to be confiscated are the product of a criminal offence other than the offence giving rise to that judgment and in which offence persons other than the defendants acquitted were involved – No indictment against those persons – Article 19(1)(h) – Grounds for non-recognition and non-execution of confiscation orders – Exceptional situations in which there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the confiscation order would, in the particular circumstances of the case, entail a manifest breach of a fundamental right as set out in the Charter of Fundamental Rights of the European Union – Article 47 of the Charter of Fundamental Rights – Right to an effective remedy and rights of the defence – No use of effective remedies in the issuing Member State.

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