Fiches Belges: Germany

Is this measure possible in your Member State under International Judicial Cooperation?

The enforcement of court orders for forfeiture or confiscation limited to a certain specified amount of money or a specified property is admissible if the relevant decision issued by the court of the Requesting State is final and binding.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to financial penalties Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters

* receive the request/decision for judicial cooperation

Dual criminality does not have to be established if the offence on which the request is based is punished with a maximum term of imprisonment of at least 6 years under the law of the Requesting State and, if it is an offence as defined in Article 3 Paragraph 1 of the Council Framework Decision 2006/783/JHA of 6 October 2006. In all other cases, dual criminality must be established.

* execute/recognise the measure (if other than the receiving authority)

N/A

Accepted languages for the request/decision

As a rule, a translation of the request into German has to be provided unless – as is the case for some specific Member States on the basis of reciprocity – there is an agreement that no translation is required.

Deadlines for the execution of the request/decision (where applicable)

There is no time limit for the execution of legal assistance requests for seizure of assets. Attention must be paid to the relevant statutes of limitations regarding criminal prosecution and enforcement of sentence.

a. Special requirements

Dual criminality does not have to be established if the offence on which the request is based is punished with a maximum term of imprisonment of at least 6 years under the law of the Requesting State and, if it is an offence as defined in Article 3 Paragraph 1 of the Council Framework Decision 2006/783/JHA of 6 October 2006. In all other cases, dual criminality must be established.

b. Other useful information

A request cannot be approved, amongst others, • if a final and binding judgment has already been made in respect of the person concerned by another Member State for the same act as the one forming the basis of the request and • if the sentence has been already served or is currently being served or can no longer be executed under the law of the sentencing State. or • in the case of offences to which German criminal law applies and where, under German law, enforcement has become statute-barred. Approval of requests for enforcement may be deferred if • it can be presumed that the order will be enforced in full in another Member State at the same time or • the proceedings for the purposes of recognition and enforcement of a foreign order could compromise ongoing criminal and enforcement proceedings.