Section 67 Seizure and search

(1) Property in regard to which surrender to a foreign state is being considered as a possibility may be seized or secured by other means even before receipt of a request for such surrender. A search may likewise be carried out to that end.

(2) Property may also be seized or secured by other means under the conditions of section 66 (1) no. 1 and (2) no. 1 if this is necessary to execute a request which does not relate to the surrender of the property. Subsection (1) sentence 2 applies accordingly.

(3) The seizure and the search are ordered by that local court in whose district the seizure and search are to be carried out. Section 61 (2) sentence 2 applies accordingly.

(4) In exigent circumstances, the public prosecution office and its investigators (section 152 of the Courts Constitution Act) are authorised to order the seizure and the search.

I. Basic Rights

Article 13
[Inviolability of the home]
(2) Searches may be authorised only by a judge or, when time is of the essence, by other authorities designated by the laws and may be carried out only in the manner therein prescribed.

III. The Bundestag

Article 40
[Presidency – Rules of procedure]
(2) The President shall exercise proprietary and police powers in the Bundestag building. No search or seizure may take place on the premises of the Bundestag without his permission.

Section 99
Seizure of postal items and request for information

(1) Seizure of postal items and telegrams addressed to the accused which are held in the custody of persons or enterprises providing or collaborating in the provision of postal or telecommunications services on a commercial basis is admissible. Seizure of postal items and telegrams is also admissible where known facts support the conclusion that they derived from the accused or are intended for him or her and that their content is of relevance to the investigation.

(2) Under the conditions of subsection (1), it is also admissible to request information from persons or enterprises providing or collaborating in the provision of postal services on a commercial basis concerning postal items which are addressed to, derive from or are intended for the accused. The information encompasses only those data which are gathered on the basis of legal provisions outside of the scope of criminal law, insofar as they concern the following:

1. the names and addresses of senders, recipients and, insofar as they are not one and the same, of those persons who posted or took delivery of the postal item in question,
2. the type of postal service used,
3. the dimensions and weight of the postal item in question,
4. the tracking number of the postal item in question assigned by the postal service provider and, if the recipient uses a pickup station with self-service lockers, their personal PostNumber,
5. information regarding the times and places relating to the entire shipment process and
6. photographs of the postal item which were made for the purposes of providing the postal service. Information concerning the content of the postal item may be requested over and above the aforementioned only if the persons or enterprises designated in sentence 1 have learned thereof by lawful means. The information referred to in sentences 2 and 3 must also be provided in relation to those postal items which are not or not yet in their custody.

Section 102
Search of accused’s premises and person

A body search, a search of the property and of the private and other premises of a person who, as an offender or participant, is suspected of committing an offence or of handling stolen data or is suspected of aiding after the fact or of obstructing prosecution or punishment or of handling stolen goods may be made for the purpose of his or her apprehension and in cases where it may be presumed that the search will lead to the discovery of evidence.

Section 108
Seizure of other objects

(1) If objects which indicate that another offence has been committed are found during a search, they are to be provisionally seized even though they are not connected with the ongoing investigation. The public prosecution office is to be informed thereof. Sentence 1 does not apply to searches carried out pursuant to section 103 (1) sentence 2.

(2) If objects as defined in subsection (1) sentence 1 which relate to the termination of a patient’s pregnancy are found on the premises of a physician, their use for evidential purposes in criminal proceedings against the patient is inadmissible in respect of an offence under section 218 of the Criminal Code.

(3) If objects as defined in subsection (1) sentence 1 are found on the premises of a person indicated in section 53 (1) sentence 1 no. 5, such objects being covered by the right of the person indicated to refuse to testify, the object is only admissible as evidence in criminal proceedings insofar as the subject of these criminal proceedings is an offence which is punishable by a minimum sentence of imprisonment of at least five years and is not an offence under section 353b of the Criminal Code.


Section 111b
Seizure to secure confiscation or rendering unusable of object

(1) If it is reasonable to assume that the conditions for the confiscation or rendering unusable of an object are met, the object may be seized to secure enforcement. If there are cogent reasons justifying this assumption, such seizure is, as a rule, to be ordered. Section 94 (3) remains unaffected.

(2) Sections 102 to 110 apply accordingly.

Section 111c
Enforcement of seizure

(1) The seizure of movable property is enforced by taking the property into custody. It may also be indicated by marking with a seal or in some other manner.

(2) The seizure of a claim or another property right which is not subject to the provisions governing compulsory enforcement against immovable property is to be enforced by way of attachment. The provisions of the Code of Civil Procedure governing compulsory enforcement in respect of claims and other property rights apply analogously. The request in respect of making the declarations referred to in section 840 (1) of the Code of Civil Procedure is to be included in the order of attachment.

(3) The seizure of land or of a right which is subject to the provisions governing compulsory enforcement against immovable property is to be enforced by making an entry in the Land Registry. The provisions of the Act on Enforced Auction and Receivership (Gesetz über die Zwangsversteigerung und Zwangsverwaltung) governing the scope of the seizure in the case of forced sale apply accordingly.

(4) The seizure of a ship, a ship construction or an aircraft is to be enforced pursuant to subsection (1). If the property has been entered in the Register of Ships, the Register of Ship Constructions or in the Register of Liens on Aircraft, an entry in respect of the seizure is to be made in the relevant register. Registrable ship constructions or aircraft may be registered for entry to that end; the provisions governing applications by persons entitled to request entry in the register by virtue of an executory title apply accordingly in this case.

Section 111e
Asset seizure to secure confiscation of equivalent sum of money

(1) If it is reasonable to assume that the conditions for confiscation of the equivalent sum of money are met, seizure of the person concerned’s movable and immovable assets may be ordered to secure enforcement. If there are cogent reasons justifying this assumption, such asset seizure is, as a rule, to be ordered.

(2) Asset seizure may also be ordered to secure enforcement of a fine and the anticipated costs of the criminal proceedings where a judgment or summary penalty order has been made against the accused.

(3) Seizure is not effected to secure the costs of enforcement.

(4) The claim to be secured, including the amount of money, must be designated in the order. In addition, the order must indicate a sum of money which the person concerned may deposit in order to avert enforcement of and demand the setting aside of the seizure; section 108 (1) of the Code of Civil Procedure applies accordingly.

(5) Sections 102 to 110 apply accordingly.

(6) The possibility of issuing an order pursuant to section 324 of the Fiscal Code poses no obstacle to the issuing of an order pursuant to subsection (1).

Section 111j
Procedure for ordering seizure and asset seizure

(1) Seizure and asset seizure are ordered by the court. In exigent circumstances, the order may also be made by the public prosecution office. Under the conditions of sentence 2, the public prosecution office’s investigators (section 152 of the Courts Constitution Act) are also competent to seize movable property.

(2) Where the public prosecution office has ordered seizure or asset seizure, it applies to the court for confirmation of the order within one week. This does not apply where the seizure of movable property has been ordered. In all cases, the person concerned may apply for a court decision. The competence of the court is governed by section 162.


Section 111k
Procedure for enforcing seizure and asset seizure

(1) Seizure and asset seizure are enforced by the public prosecution office. The requisite entries to be made in the Land Registry and in the registers designated in section 111c (4) and the applications referred to in section 111c (4) are effected upon the request of the public prosecution office. Where such asset seizure is to be enforced pursuant to the provisions governing the attachment of movable property, this may be done by the authority designated in section 2 of the Act on the Recovery of Claims of the Judicial Authorities (Justizbeitreibungsgesetz), by the court bailiff, the public prosecution office or its investigators (section 152 of the Courts Constitution Act). The seizure of movable property may also be enforced by the public prosecution office’s investigators (section 152 of the Courts Constitution Act). Section 98 (4) applies accordingly.

(2) Section 37 (1) applies to service, subject to the proviso that the task of enforcing the order may also be delegated to the public prosecution office’s investigators (section 152 of the Courts Constitution Act). Sections 173 and 175 of the Code of Civil Procedure apply accordingly as regards service to a financial institution authorised to conduct business in Germany.

(3) The person concerned may apply for a decision from the court competent in accordance with section 162 in respect of measures taken in the course of enforcing the seizure or asset seizure.

Section 443
Seizure of property
(1) Property or individual items of property may be seized if they are located within the territorial scope of this statute and if they belong to an accused against whom public charges have been preferred or a warrant of arrest has been issued for an offence under

1. sections 81 to 83 (1), section 89a or section 89c (1) to (4), section 94 or section 96 (1), section 97a or section 100, section 129 or 129a, also in conjunction with section 129b (1), of the Criminal Code,
2. one of the provisions referred to in section 330 (1) sentence 1 of the Criminal Code, provided that the accused is suspected of intentionally endangering the life or limb of another or another person’s property of considerable value, or under one of the conditions of section 330 (1) sentence 2 nos. 1 to 3 of the Criminal Code, or under section 330 (2) or section 330a (1) and (2) of the Criminal Code,
3. section 51, section 52 (1) no. 1 and no. 2 (c) and (d) or (5) and (6) of the Weapons Act, sections 17 and 18 of the Foreign Trade and Payments Act if the offence was committed intentionally, or under section 19 (1) to (3), section 20 (1) or (2), each also in conjunction with section 21 or section 22a (1) to (3), of the War Weapons Control Act or
4. one of the provisions referred to in section 29 (3) sentence 2 no. 1 of the Narcotics Act under the conditions set out therein or an offence under sections 29a, section 30 (1) nos. 1, 2 and 4, section 30a or 30b of the Narcotics Act.

The seizure also includes any property subsequently acquired by the accused. Revocation of the seizure is to be made before conclusion of the main hearing at first instance at the latest.

(2) Seizure is ordered by the judge. In exigent circumstances, the public prosecution office may make a provisional order for seizure; the provisional order becomes ineffective if it is not confirmed by the judge within three days.

(3) The provisions of sections 291 to 293 apply accordingly