Fichas Belgas
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Alemania

Embargo de bienes (501)

1. MEASURE IMPLEMENTATION

Alemania

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

Assets may be seized in the event that: a) It can reasonably be presumed that the preconditions exist for the confiscation or deactivation of an item of property (see 504) or b) It can reasonably be presumed that the preconditions exist for the confiscation of equivalent value, or c) They may of significance as evidence in investigation proceedings.

2. LEGAL FRAMEWORK

Alemania

International legal framework applicable for this measure in your Member State

- Directive 2014/41/EU of the European Parliament and the Council of 3 April 2014 regarding the European Investigation Order in criminal matters with regard to participating Member States; in other cases: - Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; - Regulation (EU) 2018/1805 of the European Parliament and the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders issued in respect of participant Member States; in other cases: - 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

3. COMPETENT AUTHORITY TO:

Alemania

* receive the request/decision for judicial cooperation

The request should be addressed to the Public Prosecution Office in whose jurisdiction the assets or the item of property is located. The Public Prosecution Office is contacted by the decision-making authority as proceedings progress.

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

N/A

4. ACCEPTED LANGUAGES

Alemania

Accepted languages for the request/decision

With regard to seizure for use as evidence, see 601. Incoming freezing and confiscation certificates are only accepted in German, as per Regulation (EU) 1805/2018.

5. EXECUTION DEADLINE

Alemania

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

Seizure for use as evidence: See 601. Seizure to ensure confiscation or deactivation: In respect of participating Member States, Art. 9 of Regulation (EU) 1805/2018 applies directly. Other than this, there is no rule on deadlines for the execution of requests for the removal of assets to ensure the confiscation or deactivation of items of property. The relevant statutes of limitations for criminal prosecution and enforcement of sentence must be complied with in every event.

6. CONCISE LEGAL PRACTICAL INFORMATION

Alemania

a. Special requirements

Seizure for use as evidence: Directive 2014/41/EU: No check for double criminality is carried out if the offence is one of those listed in Annex D to the European Investigation Order. Council Framework Decision 2003/577/JHA: Double criminality does not have to be checked for if the offence on which the request is punishable by a custodial sentence of a maximum of at least three years under the law of the Requesting Member State and it is an offence as defined in Article 3 paragraph 2 of the Council Framework Decision 2003/577/JHA. Seizure to ensure confiscation or deactivation: Freezing orders are enforced without checking for the existence of double criminality if the offence on which the decision is based is punishable by a custodial sentence of a maximum of at least three years under the law of the Requesting State and belongs to one of the groups of offences listed in Art. 3 (1) of Regulation (EU) 1805/2018 or the offence in question is an offence in the sense of Article 3 (2) of Framework Decision 2003/577/JHA.

b. Other useful information

N/A

Last reviewed on 21 julio 2021 by Tools Correspondent
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