Asset forfeiture

The legal concept of recovery is an application of the seizure of mobile and immobile things and thus a term from the criminal law.

Germany

Prerequisite for recovery is in principle the existence of an intentional offense. This refers to an intentional, unlawful and culpable acts committed. Thus, the recovery of the decline ( right ) differs according to § 73 of the Criminal Code, in which sufficient an illegal act. Only when it comes to items that can endanger the general public or are used to commit other illegal acts, just send an unlawful act also in the collection. The latter is in the self- recovery procedures at the request of the prosecutor or the private plaintiff examined by the court (§ § 440 et seq Code of Criminal Procedure ).

The term is applied to adapted devices and tools as well as items that have been brought about by the act itself, such as counterfeit money and forged documents.

It is intended to ensure that equipment (eg weapons) no longer in the illegal possession and another dealing with it (eg motor vehicle to which a person is driving without a license ) is prohibited.

A confiscation order is possible only by a judge by a decision or judgment. However, prosecutors and their investigative personnel may confiscate such items in exigent circumstances, to prepare for the recovery. These measures can be enforced through direct force.

It is in anticipation of the trial, a measure of law enforcement agencies to "secure the proceedings ". In which cases objects can be treated as a collection of art, is governed by the provisions of the Criminal Code or the Nebenstrafrechts.

Legal bases are § 74 StGB in Germany.

Tax law

Is a tax, a ban break or a control receiving stolen property has been committed, may the products, goods, and other things referred to by the evasion of excise duty or import and export duties, the spell broken or the control receiving stolen goods, and the means of transport that have been used to act be, are drawn ( § 375 AO).

Switzerland

The collection is regulated in Switzerland in Articles 69 to 73 of the Criminal Code.

Be confiscated property and assets that have been used for the commission of an offense, were intended or were produced by such operators for assets even if they should be used by a third party as a prize or reward for committing a criminal organization or belong. Items which threaten the security, can also be made unusable or destroyed. If assets are not available, the court may recognize a compensation claim, which should be made by the persons responsible to the state.

Under Article 73 confiscated property and assets can be used in favor of the aggrieved by the offense people. This is done in practice, however, only very rarely.

In contrast to the German law of decay is governed by Swiss law alien; Therefore, the collection sets ( as attachment) or their particular gravity require any special kind of committing a crime.