On 19 May, an important piece of legislation entered into force with the aim of ensuring the effective application of restrictive European Union (EU) measures: Directive (EU) 2024/1226 of the European Parliament and of the Council of 24 April 2024 (Directive), on the definition of criminal offences and penalties for the violation EU restrictive measures and amending Directive (EU) 2018/1673.
Morais Leitão team has prepared a Legal Alert, whose full version can be consulted below, which aims to highlight the main obligations for Member States introduced by this legislative act in criminal matters. To summarise, the Directive:
- Lays down minimum rules on the definition of criminal offences and penalties applicable to infringements of UE restrictive measures;
- Requires Member States to criminalise a range of conduct in breach of a prohibition or obligation constituting a restrictive UE measure or provided for in a national provision implementing a restrictive UE measure, where national enforcement is required, concerning, inter alia, the provision of funds or economic resources, the non-freezing of funds or economic resources, the permission of transit of sanctioned persons, the carrying out of transactions and the circumvention of restrictive measures;
- Foresees minimum maximum prison sentences and various ancillary sanctions for natural persons;
- Enshrines the criminal liability of legal persons and establishes the sanctions applicable, including minimum limits on the maximum amounts of fines;
- Brings together various provisions on freezing and confiscation, limitation periods, investigative tools and whistleblower protection;
- Includes rules on the jurisdiction of the Member States, as well as rules on judicial co-operation between them and institutions such as Europol, Eurojust, the European Public Prosecutor's Office and the Commission;
- Amends Directive (EU) 2018/1673, making the violation of EU restrictive measures a predicate offence for money laundering purposes.
