Extended Confiscation in Europe
Extended Confiscation and Deprivation in Germany
Provisions relating to extended confiscation and deprivation in the German Criminal Code [1]: This criminal issue is covered by Chapter Eight, under the heading “Counterfeiting of Money and Official Stamps,” located in Section 150 Extended confiscation and deprivation, which reads: (1) In cases under section 146, section148 (1) or the preparation to counterfeit money under section 149 (1) and section 152a as well as section 152b, section 73d shall apply if the offender acts on a commercial basis or as the member of a gang whose purpose is the continued counterfeiting of money. (2) If a crime under this chapter has been committed the counterfeit money,the counterfeit or devalued stamps and the means of counterfeiting listed in section 149 shall be subject to a deprivation order.
Supervision Order, Extended Confiscation in Germany
Provisions relating to supervision order, extended confiscation in the German Criminal Code [1]: This criminal issue is covered by Chapter Eighteen, under the heading “Offences Against Personal Freedom,” located in Section 233b Supervision order, extended confiscation, which reads: (1) In cases under sections 232 to 233a the court may make a supervision order (section 68 (1)). (2) Section 73d shall apply in cases under sections 232 to 233a if the offender acts on a commercial basis or as a member of a gang whose purpose is the continued commission of such offences.
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 Thirty, under the heading “Offences Committed in Public Office,” located in Section 338 Confiscatory expropriation order and extended confiscation, which reads: (1) In cases under section 332, also in conjunction with section 336 and section 337, 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 334, also in conjunction with section 336 and section 337, 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.
Extended Confiscation in Germany
Provisions relating to extended 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 73d Extended confiscation, which reads: (1) If an unlawful act has been committed pursuant to a law which refers to this provision, the court shall also order the confiscation of objects of the principal or secondary participant if the circumstances justify the assumption that these objects were acquired as a result of unlawful acts, or for the purpose of committing them. The 1st sentence shall also apply if the principal or secondary participant does not own or have a right to the object merely because he acquired the object as a result of an unlawful act or for the purpose of committing it. Section 73 (2) shall apply mutatis mutandis. (2) If the confiscation of a particular object has, after the act, become impossible in whole or in part section 73a and section 73b shall apply mutatis mutandis. (3) If after an order of confiscation pursuant to subsection (1) above, due to another unlawful act which the principal or secondary participant committed before that order, a decision must again be taken as to the confiscation of objects of the principal or secondary participant, the court in doing so shall take into account the previous order. (4) Section 73c shall apply mutatis mutandis.
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Notes
- The content of the translated German penal code in relation to extended confiscation is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to confiscatory expropriation order and extended confiscation is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to supervision order, extended confiscation is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to extended confiscation and deprivation is current as of 2010