Asset confiscation

Under the principle that “crime should not pay,” assets acquired through (alleged) criminal acts can be confiscated. Confiscation according to §§ 73 ff. StGB The state can confiscate the profits from the crime or "illegally obtained financial advantages" – including corresponding compensation. This then benefits the state treasury or is paid out to the victims of the respective crime as a "simple and cost-free form of compensation" (Federal Constitutional Court, 2 BvR 2194/21).

One Confiscation decision is regularly part of the sentence in convictions for property crimes, but also for drug-related offenses. The conviction for the commission of the offense – or at least participation in it – and the retention of the profit (or surrogates thereof) by a convicted person are sufficient for the Court orderthat the value of it is to be confiscated.

In order to temporarily secure assets acquired in this way before the conclusion of an often lengthy criminal trial, Arrest orders issued by Account attachments or a seizure of cash or valuables. Often, an accused person only becomes aware of the criminal proceedings against him when a Search for the purpose of enforcement such an arrest ordered against him takes place.

With a “freezing of assets” through account seizures, but also, for example, the confiscation of the cars of a craft business, a significant cut in (economic) capacity to act of a person or a company. The intensity of the intervention is expressed legally, for example, by the fact that not only a district court decision can be obtained against the (official) judicial order. Above a certain level of Arrest amount In contrast to the case of seizure, a decision by the Higher Regional Court can still be obtained by means of a further appeal pursuant to Section 310 Paragraph 1 No. 3 of the Code of Criminal Procedure. Ways to avoid from seizures and confiscations, e.g. by depositing the amount or providing guarantees.

We are well versed in the law of asset recovery and are accustomed to responding quickly and effectively to the enforcement of attachment orders!