Reform On Asset Recovery In Criminal Proceedings

As of 1 July 2017 new rules under the Criminal Code (StGB) and Criminal Procedural Order (StPO) shall enter into force to regulate the recovery of criminal proceeds. The reform aims to effectively confiscate illegal proceeds from the offender or third beneficiaries as well as clarify terminology.

The new rules shall exclusively apply, also for old cases that have not been finalized in the first legal instance. This means that the principle of supremacy of the more favourable legal form, which normally prevails in cases of conflict, shall not apply.

Overview - Confiscation of criminal proceeds, previously forfeiture

The new law no longer distinguishes between confiscation and forfeiture; the latter terminology was replaced by the wording "confiscation of criminal proceeds". The previously applicable principle of immediacy has been eliminated and the new terminology now also includes indirect benefits derived from criminal offences. It suffices to establish