German Parliament to Facilitate Confiscation of Criminal Assets
Berlin, December 3, 2024 – The Bundestag has introduced a new bill, 20/14014, aimed at strengthening the confiscation of criminally acquired assets. The bill seeks to close legal loopholes and implement expert recommendations to improve the effectiveness of asset recovery efforts.
Legal Loopholes and Challenges
Currently, German law contains several provisions that hinder the confiscation of criminal assets. For example, perpetrators can often transfer their assets to third parties before they are apprehended or convicted, making it difficult for law enforcement to recover these assets. Additionally, the burden of proof lies with the prosecution to demonstrate that assets were acquired through criminal activity, which can be a lengthy and challenging process.
Proposed Changes
The new bill proposes several measures to address these challenges, including:
- Expanding the grounds for confiscation to include cases where the source of assets cannot be determined.
- Allowing for the confiscation of assets held by third parties who knew or should have known that the assets were obtained through crime.
- Reversing the burden of proof in certain cases, requiring defendants to prove that their assets were acquired legally.
- Establishing a new agency responsible for coordinating asset recovery efforts.
Expert Recommendations
The proposed changes are based on recommendations made by a group of experts appointed by the German Ministry of Justice. The experts identified several weaknesses in the current legal framework and proposed solutions to improve the confiscation process.
The bill also incorporates insights from international best practices, such as the United Nations Convention against Corruption (UNCAC). Germany is a party to UNCAC and is obligated to implement measures to facilitate asset recovery.
Expected Impact
If passed into law, the new bill is expected to significantly strengthen Germany’s ability to confiscate criminal assets. This will help to deter crime, fund law enforcement efforts, and compensate victims of crime.
The bill is currently under review by the Bundestag’s Committee on Legal Affairs. The committee is expected to hold hearings and receive expert testimony before making a recommendation on the bill’s passage.
Additional Information
The full text of bill 20/14014 (in German) can be accessed at the following link: [Link to Bill]
The German Ministry of Justice provides additional information on its website about the government’s efforts to combat money laundering and recover criminal assets: [Link to Ministry Website]
The AI has provided us with the news.
I’ve asked Google Gemini the following question, and here’s its response.
Drucksachen a new article on 2024-12-03 11:00 titled “20/14014: Antrag Abschöpfung kriminell erlangter Vermögen erleichtern – Gesetzeslücken schließen – Expertenvorschläge umsetzen (PDF)”. Please write a detailed article on this news item, including any relevant information. Answers should be in English.
90