Conditions of Deprivation

Conditions of Deprivation in Europe

Conditions of Deprivation in Germany

Provisions relating to conditions of deprivation 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 74 Conditions of deprivation, which reads: (1) If an intentional offence has been committed objects generated by or used or intended for use in its commission or preparation, the court may make a deprivation order. (2) A deprivation order shall not be admissible unless the principal or secondary participant owns or has a right to the objects 1. at the time of the decision; or the objects, due to their nature and the circumstances, pose a danger to the general public or if there is reason to believe that they will be used for the commission of unlawful acts. 2. (3) Under the provisions of subsection (2) No 2 above the deprivation of objects shall also be admissible if the offender acted without guilt. (4) If deprivation is prescribed or permitted by a special provision apart from subsection (1) above, subsections (2) and (3) above shall apply mutatis mutandis.

Extended Conditions of Deprivation in Germany

Provisions relating to extended conditions of deprivation 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 74a Extended conditions of deprivation, which reads: If the law refers to this provision, objects may be subject to a deprivation order as an exception to section 74 (2) No 1 if at the time of the decision the person who owns or has a right to them 1. at least with gross negligence contributed to the property or the right being the object of or being used for the act or its preparation; or 2. acquired the objects dishonestly with knowledge of the circumstances that would have allowed their deprivation.

Resources

Notes

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

Resources

Notes

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

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