Fiches Belges: Saksamaa

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

Bank accounts may be frozen for the purposes of - future asset recovery if, in the case in question, it is possible that forfeiture, confiscation, confiscation of monetary value or deprivation of monetary value may be ordered or - compulsory execution in the event of recovery assistance. In order to constitute a recovery assistance case, the persons who have suffered a loss due to a criminal offence must have pecuniary claims against the offender as a result of the offence.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence 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 for the freezing of a bank account is to be addressed to the public prosecution office in whose territorial jurisdiction the bank account in question is held. This is normally where the bank managing the account has its head office. The public prosecution office then obtains an attachment order issued by the competent German court. The public prosecution office then enforces the court order.

* 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 statute 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 three years under the law of the Requesting State and, if it is an offence as defined in Article 3 paragraph 2 of the Council Framework Decision 2003/577/JHA of 22 July 2003. In all other cases, dual criminality must be established. An order for seizure issued by the Requesting State is only required if the seizure is ordered for the purpose of subsequent surrender. The order for seizure may be substituted by a declaration made by the competent authority in the Requesting State. The declaration should demonstrate that the requirements for seizure would be fulfilled if the property was located in the Requesting State.

b. Other useful information

A request for seizure cannot be granted if • a final and binding judgment has already been made in respect of the person sought by another Member State for the same act as the one forming the basis of the request and • the sentence imposed has already been served or is currently being served or can no longer be executed under the law of the sentencing State. This does not apply if the request is made in preparation for a forfeiture order or confiscation order. Approval of requests may be deferred if • there is a risk of compromising ongoing criminal investigations and • the property specified in the request has been seized or otherwise confiscated.