Seizure of assets - national procedures for ICC proceedings

Federal Republic of Germany

Germany - Cooperation with ICC 2002 EN

Part 5 Additional Mutual Assistance

§ 51 Surrender of Objects

(1) Notwithstanding the provision of § 58 para. 3, objects will be surrendered upon request of a responsible office of the Court:
1. if they may be used as evidence in proceedings before the Court,
2. if they could have been obtained by a suspect or participant directly or indirectly from an act that is within the jurisdiction of the Court or as compensation for such an object.
(2) Surrender is permissible when:
1. a decision of an office of the Court responsible therefore is presented that orders the seizure of the objects or the freezing within the meaning of Article 93 para. 1(k) of the Rome Statute, and
2. it is guaranteed that the rights of third parties remain unaffected and with the
proviso that surrendered objects shall be promptly returned upon request.
(3) To the extent that objects to be surrendered contain personal data of the suspect, upon surrender it shall be indicated that the data may only be used to fulfill the duties of the Court as set forth in the Rome Statue. If personal data of third parties is so connected to the personal data of the suspect that separation is not possible or is possible only with unjustifiable effort, the transfer of this data is also permissible, as long as the justified interests of the suspect or a third party to their secrecy is not apparently greater.

Part 5 Additional Mutual Assistance

§ 52 Search and Seizure, Asset Seizure

(1) Objects, the surrender of which to the Court is under consideration, may be seized or otherwise secured even prior to receipt of the request for release. To this end, a search may also be undertaken.
(2) Objects may, under the prerequisites set forth in § 51 para. 1 number 1, also be seized or otherwise secured when necessary for the fulfillment of a request that is not directed at the surrender of the object. Para. 1 sentence 2 applies mutatis mutandis.
(3) Notwithstanding the provisions of § 49 para. 3 and 4, when there is imminent danger the public prosecution office and its auxiliary officials (§ 152 Judicature Act) are authorized to order search and seizure in accordance with the provisions of the Criminal Procedure Code.
(4) Regardless of the existence of the prerequisites of § 51 para. 1 number 1 or 2, upon request of the Court, property located within Germany or individual objects of property of an affected party against whom the charge (Anklage) confirms (Article 61 of the Rome Statute) a criminal act within Article 5 of the Rome Statute or against whom an arrest warrant has been issued (Article 58 of the Rome Statute) may be seized or attached. § 51 para. 2 number 1 applies mutatis mutandis. Seizure includes property that is later received by the accused. Para. 1 sentence 2 applies mutatis mutandis.
(5) Notwithstanding the provisions in § 49 para. 3 and 4, when there is imminent danger the public prosecution office may issue a provisional order of seizure pursuant to para. 4. The provisional order under sentence 1 becomes ineffective when it is not confirmed by the court within three days.
(6) Seizure pursuant to para. 4 shall be revoked upon request of the Court, at the latest, however, after the court that ordered the seizure has learned that the arrest warrant was revoked or that the proceeding was ended in the first instance. §§ 291, 292, and 293 para. 2 of the Criminal Procedure Code apply mutatis mutandis to seizures pursuant to para. 4 or para. 5.

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