Fiches Belges: Allemagne

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

If it can reasonably be presumed that the preconditions exist for the confiscation or deactivation of an item of property or the preconditions exist for the confiscation of equivalent value, items of property or assets can be seized.

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 this is not applicable: 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. The Public Prosecution Office is contacted by the decision-making authority as proceedings progress.

* 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. In other cases, there is no rule on deadlines for the execution of requests for the removal of assets to ensure the confiscation or deactivation of items of property. The relevant statutes of limitations for criminal prosecution and enforcement of sentence must be complied with in every event.

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 is one of the groups of offences listed in Art. 3 (1) of Regulation (EU) 1805/2018. Council Framework Decision 2003/577/JHA, see 501

b. Other useful information

N/A