Conditions of Confiscation

Conditions of Confiscation in Europe

Conditions of Confiscation in Germany

Provisions relating to conditions of confiscation in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Seventh Title, Confiscation and Deprivation Orders,” located in Section 73 Conditions of confiscation, which reads: (1) If an unlawful act has been committed and the principal or a secondary participant has acquired proceeds from it or obtained anything in order to commit it, the court shall order the confiscation of what was obtained. This shall not apply to the extent that the act has given rise to a claim of the victim the satisfaction of which would deprive the principal or secondary participant of the value of what has been obtained. (2) The order of confiscation shall extend to benefits derived from what was obtained. It may also extend to objects which the principal or secondary participant has acquired by way of sale of the acquired object, as a replacement for its destruction, damage to or forcible loss of it or on the basis of a surrogate right. (3) If the principal or secondary participant acted for another and that person acquired anything thereby, the order of confiscation under subsections (1) and (2) above shall be made against him. (4) The confiscation of an object shall also be ordered if it is owned or subject to a right by a third party, who furnished it to support the act or with knowledge of the circumstances of the act.

Resources

Notes

  1. The content of the translated German penal code in relation to conditions of confiscation is current as of 2010

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