Brussels, 24/07/2002 (Agence Europe) - Among its twelve initiatives in the field of legal cooperation, Denmark tabled two proposals of framework decisions relating to the confiscation of the proceeds of crime. Coreper decided on Wednesday to publish these proposals in the Official Journal and to consult the European Parliament. The first text is on the rules governing confiscation. The Presidency proposes that all Member States include in their legislation the possibility to confiscate financial gain made from conduct liable to at least one year in prison. Above all, the Presidency proposes that confiscation should be possible even if the link between the gain and the offence has not been proved, the condition being that "the act is of such a nature that it can generate substantial proceeds, and the act is punishable by at least a maximum sentence of up to six years in prison". Property acquired by the spouse or cohabitee of the person concerned, or legal persons, should also be liable to confiscation. In all these cases, the Presidency proposes to reverse the burden of proof. It would be up to the person to prove that the goods have been acquired with legitimate means. The second text covers the recognition of orders of confiscation between Member States. The recognition and the execution of orders would be carried out without verification of double incrimination for infringements liable to not less than 3 years that appear in a list of 32 crimes already in application for the European arrest warrant. In the other cases, the State to which the request is addressed may refuse to apply the order if the offence from which the financial gain comes is not considered as an offence under national legislation. However, for cases of tax fraud or customs duty fraud, the States may not refuse on the grounds that it does not impose the same taxes.