Confiscatory Expropriation Order

Confiscatory Expropriation Order in Europe

Confiscatory Expropriation Order in Germany

Provisions relating to confiscatory expropriation order in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the First Title, Penalties -imprisonment,” located in Section 43a Confiscatory expropriation order, which reads: (1) If the law refers to this provision the court may, in addition to imprisonment for life or for a fixed term of more than two years, order payment of a sum of money the amount of which shall be limited by the value of the offenders assets (confiscatory expropriation order). Material benefits which have been confiscated shall not be taken into account when assessing the value of the assets. The value of the assets may be estimated. (2) Section 42 shall apply mutatis mutandis. (3) The court shall indicate a term of imprisonment which shall be substituted if the amount cannot be recovered (default imprisonment). The maximum term of default imprisonment shall be two years, its minimum one month.

Confiscatory Expropriation Order, Extended Confiscation and Deprivation Orders in Germany

Provisions relating to confiscatory expropriation order, extended confiscation and deprivation orders in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-three, under the heading “Forgery,” located in Section 282 Confiscatory expropriation order, extended confiscation and deprivation orders, which reads: (1) In cases under sections 267 to 269, section 275 and section 276, section 43a and section 73d shall apply if the offender acts as a member of a gang whose purpose is the continued commission of such offences. Section 73d shall also apply if the offender acts on a commercial basis. (2) Objects, to which an offence under section 267, section 268, section 271 (2) and (3), section 273 or section 276, the latter also in conjunction with section 276a, or under section 269, relates may be subject to a deprivation order. In cases under section 275, also in conjunction with section 276a, the means of falsification indicated therein shall be subject to a deprivation order.

Confiscatory Expropriation Order and Extended Confiscation in Germany

Provisions relating to confiscatory expropriation order and extended confiscation in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-six, under the heading “Restrictive Practices Offences,” located in Section 302 Confiscatory expropriation order and extended confiscation, which reads: 1) In cases under section 299 (1), section 73d shall apply if the offender acts on a commercial basis or as a member of a gang whose purpose is the continued commission of such offences. (2) In cases under section 299 (2), section 43a and section 73d shall apply, if the offender acts as a member of a gang whose purpose is the continued commission of such offences. Section 73d shall also apply if the offender acts on a commercial basis.

Resources

Notes

  1. The content of the translated German penal code in relation to confiscatory expropriation order and extended confiscation is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to confiscatory expropriation order, extended confiscation and deprivation orders is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to confiscatory expropriation order is current as of 2010

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