Estonia moves to seize criminal assets without conviction under new EU directive

Estonia announced plans to work with other EU members to revise its legal framework, allowing courts to confiscate assets identified as proceeds of crime even when the owner has not been convicted. The proposal responds to situations like the termination of the Edgar Savisaar corruption case due to serious illness and the Port of Tallinn trial where the statute of limitations barred convictions. Under the EU-wide asset recovery and confiscation directive, a court could order seizure if it determines the assets originate from criminal activity, for example when a suspect is incapacitated or evades prosecution.

Andreas Kangur of the Ministry of Justice and Digital Affairs emphasized that the measure must not label anyone a criminal, citing European Court of Human Rights rulings that such confiscations do not breach the presumption of innocence. Chief State Prosecutor Alar Lehesmets noted that many European countries, including the Netherlands, Belgium, France and Sweden, already employ similar rules, and Estonia is catching up. Drafting the law has proven challenging, but officials aim to meet the EU deadline of the end of November.