Fiches Belges: Allemagne

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

Seizure of assets is allowed to enable future enforcement of a confiscation order (see 505).

International legal framework applicable for this measure in your Member State

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 does not apply, the freezing of assets for another Member State of the European Union is governed by 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 should be addressed to the Public Prosecution Office in whose jurisdiction the assets or the item of property is located. This is normally where the bank at which the account is held has its head office.

* 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. 9 of Regulation (EU) 1805/2018 applies directly. Where this does not apply, there is no rule on deadlines for the execution of requests for legal assistance for the freezing of assets. The relevant statutes of limitations for enforcement of sentence must be complied with.

a. Special requirements

Freezing orders are enforced without checking the existence of double criminality, if the offence on which the order is based is punishable by a custodial sentence of a maximum of at least three years under the law of the Requesting Member State and belongs to one of the groups of offences listed in Art. 3 (1) of Regulation (EU) 1805/2018. Council Framework Decision 2003/577/JHA, see 501 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.