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Article 2 - Definitions

Article 2
Definitions

For the purposes of this Directive, the following definitions apply:

(1)

‘criminal activity’ means any kind of criminal involvement in the commission of any offence punishable, in accordance with national law, by deprivation of liberty or a detention order for a maximum of more than one year or, as regards Member States that have a minimum threshold for offences in their legal systems, any offence punishable by deprivation of liberty or a detention order for a minimum of more than six months. In any case, offences within the following categories are considered a criminal activity:

(a)

participation in an organised criminal group and racketeering, including any offence set out in Framework Decision 2008/841/JHA;

(b)

terrorism, including any offence set out in Directive (EU) 2017/541 of the European Parliament and of the Council 1;

(c)

trafficking in human beings and migrant smuggling, including any offence set out in Directive 2011/36/EU of the European Parliament and of the Council 2 and Council Framework Decision 2002/946/JHA 3;

(d)

sexual exploitation, including any offence set out in Directive 2011/93/EU of the European Parliament and of the Council 4;

(e)

illicit trafficking in narcotic drugs and psychotropic substances, including any offence set out in Council Framework Decision 2004/757/JHA 5;

(f)

illicit arms trafficking;

(g)

illicit trafficking in stolen goods and other goods;

(h)

corruption, including any offence set out in the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union 6 and in Council Framework Decision 2003/568/JHA 7;

(i)

fraud, including any offence set out in Council Framework Decision 2001/413/JHA 8;

(j)

counterfeiting of currency, including any offence set out in Directive 2014/62/EU of the European Parliament and of the Council 9;

(k)

counterfeiting and piracy of products;

(l)

environmental crime, including any offence set out in Directive 2008/99/EC of the European Parliament and of the Council 10 or in Directive 2009/123/EC of the European Parliament and of the Council 11;

(m)

murder, grievous bodily injury;

(n)

kidnapping, illegal restraint and hostage-taking;

(o)

robbery or theft;

(p)

smuggling;

(q)

tax crimes relating to direct and indirect taxes, as laid down in national law;

(r)

extortion;

(s)

forgery;

(t)

piracy;

(u)

insider trading and market manipulation, including any offence set out in Directive 2014/57/EU of the European Parliament and of the Council 12;

(v)

cybercrime, including any offence set out in Directive 2013/40/EU of the European Parliament and of the Council 13;

(w)

violation of Union restrictive measures.

(2)

‘property’ means assets of any kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or an interest in, such assets;

(3)

‘legal person’ means any entity having legal personality under the applicable law, except for states or public bodies in the exercise of state authority and for public international organisations.

  1. 1 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6). ↩
  2. 2 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1). ↩
  3. 3 Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 1). ↩
  4. 4 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1). ↩
  5. 5 Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ L 335, 11.11.2004, p. 8). ↩
  6. 6 Council Act of 26 May 1997 drawing up, on the basis of Article K.3 (2) (c) of the Treaty on European Union, the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (OJ C 195, 25.6.1997, p. 1). ↩
  7. 7 Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). ↩
  8. 8 Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (OJ L 149, 2.6.2001, p. 1). ↩
  9. 9 Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA (OJ L 151, 21.5.2014, p. 1). ↩
  10. 10 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28). ↩
  11. 11 Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements (OJ L 280, 27.10.2009, p. 52). ↩
  12. 12 Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive) (OJ L 173, 12.6.2014, p. 179). ↩
  13. 13 Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (OJ L 218, 14.8.2013, p. 8). ↩
Official text · consolidated version 19/05/2024 (in force) Open full page ↗
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