Fiches Belges: Alemania

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

The enforcement of orders for confiscation limited to a certain specified amount of money or a specified item of 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

- 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; - Where Regulation (EU) 2018/1805 is not applicable, confiscation for another Member State of the European Union is carried out under the terms of Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders - 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

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 has an order on the recognition and enforcement of the confiscation decision issued by the competent Regional Court. The Public Prosecution Office has consultation and reporting duties under the terms of Regulation (EU) 1805/2018.

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

N/A

Accepted languages for the request/decision

Incoming freezing and confiscation certificates are only accepted in German, as per Regulation (EU) 1805/2018.

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

In respect of participating Member States, Art. 20 of Regulation (EU) 1805/2018 applies directly. In other cases, there is no rule on deadlines for the execution of requests for the confiscation of assets. The relevant statutes of limitations for enforcement of sentence must be complied with.

a. Special requirements

Confiscation orders are enforced without checking 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 Council Framework Decision 2006/783/JHA: Double criminality does not have to be established if the offence on which the request is based is punishable with a maximum term of imprisonment of at least three years under the law of the Requesting Member State and belongs to one of the groups of offences listed in Article 6 paragraph 1 of the Council Framework Decision 2006/783/JHA. Cases relating to norms regulating taxation, customs arrangements or currencies do not require the existence of comparable taxes or duties under German law. Comparable German provisions on taxation and customs or currencies are not taken into consideration.

b. Other useful information

The Federal Republic of Germany has not made any declaration under Art. 4 (2) Regulation (EU) 1805/2018