Dáil Éireann Debate, Thursday - 26 September 2013
187. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the provisions that exist to deal with assets held in Ireland of persons acquired through the proceeds of crime in another jurisdiction; and if he will make a statement on the matter. [40261/13]
View answerThere are a number of statutory frameworks which could potentially apply in the circumstances outlined by the Deputy.
The question of which particular framework might apply can only be considered by reference to the particular circumstances including whether it is the State who might take action or a foreign jurisdiction through international cooperation mechanisms or whether it is civil action that might be undertaken.
Specifically with regard to the framework established under the Proceeds of Crime Acts 1996 and 2005 to deal with the seizure, management and disposal of assets that represent the proceeds of criminal conduct, I can inform the Deputy that for the purposes of that Act 'proceeds of crime' is defined as any property obtained or received at any time (whether before or after the passing of the Act) by or as a result of or in connection with criminal conduct. In turn the definition of 'criminal conduct' makes specific provision in relation to conduct which occurs outside the State. In this regard, 'criminal conduct is defined as "any conduct —
(a ) which constitutes an offence or more than one offence, or
(b ) which occurs outside the State and which would constitute an offence or more than one offence —
(i) if it occurred within the State,
(ii) if it constituted an offence under the law of the state or territory concerned, and
(iii) if, at the time when an application is being made for an interim order or interlocutory order, any property obtained or received at any time (whether before or after the passing of this Act) by or as a result of or in connection with the conduct is situated within the State"
Furthermore, in the context of criminal justice mutual legal assistance, the Criminal Justice (Mutual Assistance) Act 2008 provides a framework for the freezing, confiscation and forfeiture of property which is situated in the State and which was received or obtained as a result of or in connection with conduct which, if it occurred in the State, would constitute an indictable offence.
