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Fiches Belges
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: Saksamaa

Enforcement of a Financial Penalty (902)

1. MEASURE IMPLEMENTATION

Saksamaa

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

Yes. It has been incorporated into national law; specifically in Secs. 86 - 87 of the Gesetz über die Internationale Rechtshilfe in Strafsachen (Act on International Cooperation in Criminal Matters).

2. LEGAL FRAMEWORK

Saksamaa

International legal framework applicable for this measure in your Member State

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

3. COMPETENT AUTHORITY TO:

Saksamaa

* receive the request/decision for judicial cooperation

The Federal Office of Justice in Bonn, Germany; specifically Directorate III, Divisions III 4 and III 5.

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

N/A

4. ACCEPTED LANGUAGES

Saksamaa

Accepted languages for the request/decision

German

5. EXECUTION DEADLINE

Saksamaa

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

Requests will not be executed where enforcement has become statute-barred under the law of the issuing State or German law.

6. CONCISE LEGAL PRACTICAL INFORMATION

Saksamaa

a. Special requirements

Dual criminality must be established except for list offences. However, regarding the list offence of conduct which infringes road traffic regulations, Germany has limited the scope of said list offence, meaning dual criminality must still be established where offences fall outside the defined scope of the list offence in question.

b. Other useful information

Pursuant to the provisions as incorporated into national law, decisions against legal persons, juveniles or young adults and decisions including compensation for victims, public funds or victim support organisations, are to be brought before a German court for conversion in order to be enforced. The 70 Euro minimum referred to in Article 7 Paragraph 2 Letter h of the Framework Decision is to be applied to both incoming and outgoing cases.

Last reviewed on 6 juuli 2016 by EJN sekretariaat

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