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

Restitución (503)

1. MEASURE IMPLEMENTATION

Alemania

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

Restitution of frozen property: Frozen or confiscated items of property are surrendered to the injured party in cases where his or her ownership of the item is not contested. Restitution of confiscated property or money obtained after selling such property: The return of proceeds of offences is allowed; such decisions are governed by the law of the Issuing State in the sense of Regulation (EU) 1805/2018. If it is not possible to return a specific item, any proceeds of the offence which have been enforced can be paid out.

2. LEGAL FRAMEWORK

Alemania

International legal framework applicable for this measure in your Member State

- 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. - Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (Art. 8). - European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters

3. COMPETENT AUTHORITY TO:

Alemania

* receive the request/decision for judicial cooperation

Information on the order to return seized items of property must be included in the freezing certificate or be addressed to the Public Prosecution Office competent for enforcement (see 501/502/504). The decision to return confiscated items of property must be included in the freezing certificate or be addressed to the Public Prosecution Office competent for enforcement at a later date (see 505).

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

N/A

4. ACCEPTED LANGUAGES

Alemania

Accepted languages for the request/decision

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)

There is no rule on deadlines for the execution of requests for the return of frozen assets to injured parties.

6. CONCISE LEGAL PRACTICAL INFORMATION

Alemania

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 21 julio 2021 by Tools Correspondent
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