Effect of Deprivation

Effect of Deprivation in Europe

Effect of Deprivation in Germany

Provisions relating to effect 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 74e Effect of deprivation, which reads: (1) If the deprivation of an object is ordered, title to the property or the right ordered deprived shall pass to the state once the order becomes final. (2) The rights of third parties in the object remain unaffected. The court shall order the cessation of these rights if it bases the deprivation on the fact that the conditions of section 74 (2) No 2 are met. It may also order the cessation of the rights of a third party if no compensation is due to him pursuant to section 74f (2) Nos 1 or 2. (3) Section 73e (2) shall apply mutatis mutandis to the order of deprivation and the order deferring deprivation before they have become final.

Resources

Notes

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

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