Forfeiture of assets - national proceedings

Federal Republic of Germany

Germany - Act on cooperation in criminal matters 1982 (2021) EN

Section 56b
Agreement on realisation, surrender and distribution of recovered assets

(1) The authorising authority may, in an individual case, reach agreement with the competent authority in the foreign state in respect of the realisation, surrender and distribution of the assets recovered in the course of enforcing an order for confiscation, provided that an assurance of reciprocity has been given.

(2) Agreements relating to national cultural property pursuant to section 6 (1) no. 1 of the Act on the Protection of Cultural Property (Kulturgutschutzgesetz) of 31 July 2016 (Federal Law Gazette I, p. 1914) require the approval of the highest federal authority responsible for culture and the media.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and