Section 54a
Enforcing long sanctions involving deprivation of liberty

(1) If the sentencing state has imposed the condition that, following the transfer of a German national, a sanction involving deprivation of liberty is to be enforced for a specific period in the Federal Republic of Germany, then the court may, by way of exception and giving consideration to the sentenced person’s interests,
1. in derogation from section 54 (1) sentence 3, also set a sanction which exceeds the maximum sanction which can be imposed for the offence within the area of application of this Act and
2. suspend on probation the enforcement of the remainder of the sentence of imprisonment to be enforced in the Federal Republic of Germany pursuant to section 57 (2) only with the consent of the sentencing state.

(2) The court may only give the decision referred to in subsection (1) if the sentenced person makes an application to that effect. The sentenced person’s application as referred to in sentence 1 is to be declared before and placed on record by a judge or, if the sentenced person is being detained abroad, a German consular official authorised to record declarations of intent. Such an application may not be withdrawn. The sentenced person must first be instructed about the legal consequences of such an application and about the fact that it cannot be withdrawn.

(3) If, after a court has given a decision pursuant to section 54 (1) or section 54a (1), the sentencing state imposes the condition that following transfer the sanction involving deprivation of liberty is to continue to be enforced for a specific period in the Federal Republic of Germany, then the court gives a new decision in accordance with subsection (1) ex officio, upon application by the public prosecution office or upon application by the sentenced person.

Section 57 Enforcement

(1) Once authorisation to render mutual assistance has been given, the public prosecution office with jurisdiction under section 50 sentence 2 is responsible, in the capacity as enforcing authority, for enforcement, provided that the foreign state consents to enforcement. Competence for enforcing a sanction which has been converted into a sanction which is permissible under the Youth Courts Act is determined in accordance with the provisions of the Youth Courts Act.

(2) Enforcement of the remainder of a sanction involving deprivation of liberty may be suspended on probation. The provisions of the Criminal Code apply accordingly. If, in the case of a determinate sentence of imprisonment, the period after which two thirds of the penalty has been served amounts to more than 15 years, then section 57a of the Criminal Code, with the exception of subsection (1) sentence 1 no. 2, also applies accordingly.

(3) The decision referred to in subsection (2) and subsequent decisions relating to suspension of a sentence on probation fall to the court which has jurisdiction under section 462a (1) sentence 1 and 2 of the Code of Criminal Procedure or, if no jurisdiction is established under this provision, the court which has jurisdiction for the decision under section 50.

(4) Enforcement of a converted sanction is governed by those provisions which would be applicable to a corresponding sanction imposed in the Federal Republic of Germany.

(5) Enforcement of a sum of money is to be terminated or limited if the sentenced person submits a document indicating that the sum of money was enforced in another state or the enforcing authority learns of this in another manner.

(6) Enforcement is to be dispensed with if the competent agency in the foreign state gives notification that the conditions for enforcement no longer apply.

(7) Where a foreign order for the confiscation of the proceeds of crime has been enforced and there are indications that a named person may have a claim for compensation against the sentenced person resulting from the offence giving rise to the order, then that person must be instructed without delay about his or her rights under section 56a in the form of a simple letter which is to be forwarded to his or her last known address. This may be dispensed with if the time limit in section 56a (4) sentence 2 has already passed.

Section 71
Enforcement of German judgments abroad

(1) Enforcement of a penalty or other sanction which was imposed on a foreign national within the area of application of this Act may be transferred to a foreign state if

1. the sentenced person’s residence or habitual residence is in the foreign state or said person is staying in that foreign state and is not being extradited because a request for extradition has not been made or has been refused, or extradition cannot be effected or

2. enforcement in the foreign state is in the sentenced person’s or in the public interest.

The sentenced person may only be transferred for the purpose of enforcing a sanction involving deprivation of liberty; section 6 (2) and section 11 apply accordingly.

(2) Enforcement of a penalty or sanction not involving deprivation of liberty which was imposed on a German national within the area of application of this Act may be transferred to a foreign state if this is in the public interest. Further, the enforcement of a penalty or other sanction not involving deprivation of liberty which was imposed on a German national within the area of application of this Act may be transferred to a foreign state if

1. the sentenced person’s residence or habitual residence is in the foreign state or said person is staying in that foreign state,

2. the sentenced person is not being extradited because a request for extradition has not been made or has been refused, or extradition cannot be effected and

3. the sentenced person will not suffer any significant disadvantages which go beyond the purpose of the punishment on account of the enforcement in the foreign state.

If the sentenced person is not in the foreign state, then enforcement of a sanction involving deprivation of liberty may, further, only be transferred if, following instruction, the sentenced person consents thereto and that consent is declared before and placed on record by a judge or a German consular official authorised to record declarations of intent. Such consent may not be revoked.

(3) Enforcement may only be transferred if it is guaranteed that the foreign state will comply with any withdrawal or limitation of the transfer.

(4) Enforcement of a sanction involving deprivation of liberty may only be transferred if the court has declared enforcement in the foreign state to be permissible. It is for the higher regional court to give a decision on permissibility by way of court order. Local jurisdiction lies with the court which imposed the penalty or other sanction to be enforced or, where a sentence of imprisonment is being enforced against the sentenced person within the area of application of this Act, in accordance with section 462a (1) sentences 1 and 2 of the Code of Criminal Procedure. Section 13 (1) sentence 2 and (2), section 30 (2) sentences 2 and 4 and (3), section 31 (1) and (4), and sections 33, 52 (3) and 53 apply accordingly. If the sentenced person is within the area of application of this Act, section 30 (2) sentence 1 and section 31 (2) and (3) also apply accordingly.

(5) The German enforcing authority dispenses with enforcement if the foreign state has taken it on and carried it out. It may resume the enforcement if the foreign state did not complete it.

Section 85f
Securing continued enforcement

(1) If the sentenced person is found within the area of application of this Act before half of the sentence has been served which he or she has to serve for the sanction imposed or converted in the other Member State, then an order may be made to detain the sentenced person if
1. he or she cannot produce a certificate of discharge or a document with the same content or
2. the other Member State has not given notification that enforcement has been completed.

(2) The court may issue an order to detain the sentenced person as well as an alert for arrest and may order the necessary investigative measures even before enforcement is transferred to the other Member State. If the sentenced person is within the area of application of this Act, he or she is to be instructed about the orders referred to in sentence 1, such instruction being declared before and placed on record by a judge. If the sentenced person is in the sovereign territory of the other Member State, the court forwards such instruction.

(3) Orders to detain sentenced persons, orders to issue an alert for arrest and orders to take the necessary investigative measures are made by the court of first instance. Where a sanction involving deprivation of liberty is being enforced against a sentenced person within the area of application of this Act, it is for the chamber responsible for enforcement of sentences to make the orders referred to in sentence 1. Section 462a (1) sentences 1 and 2, (3) sentences 2 and 3, and (6) of the Code of Criminal Procedure applies accordingly. Section 6 (2) sentences 1 and 2, sections 7 to 9 (1) to (4) sentences 1 and 2, and sections 10 to 14 (2) of the Act Implementing the Council of Europe Convention on the Transfer of Sentenced Persons of 21 March 1983, the Additional Protocol of 18 December 1997 and the Schengen Convention of 26 September 1991 (Federal Law Gazette I, p. 1954; 1992 I, p. 1232; 1994 I, p. 1425), as last amended by Article 5 of the Act of 29 July 2009 (Federal Law Gazette I, p. 2274), apply accordingly.

Section 88e Enforcement

(1) Section 57 (1) applies, with the proviso that jurisdiction in respect of the enforcement of a foreign order is also established in accordance with the provisions of the Youth Courts Act if the sanction was not converted pursuant to section 88d (3) sentence 4 and the court applied the Youth Courts Act when giving its decision on enforceability.

(2) Section 57 (4) applies accordingly, with the proviso that the order for arrest for the purpose of making a declaration in lieu of an oath in respect of the assets or in respect of the whereabouts of property may only be made with the consent of the competent authority in the requesting Member State.

(3) Enforcement may be suspended temporarily under the conditions of section 88d (2).


Section 90b
Conditions governing permissibility

(1) In derogation from section 49, enforcement of a foreign judgment and supervision of probation measures or alternative sanctions imposed on the basis of that judgment are only permissible in accordance with the provisions of the Framework Decision on Supervision of Probation if

1. a court in another Member State has delivered a final and enforceable judgment,

2. the court
a) has suspended on probation the enforcement of a sanction involving deprivation of liberty imposed in the judgment,
b) has suspended the enforcement of the remainder of a sanction involving deprivation of liberty imposed in the judgment or
c) has imposed one of the alternative sanctions as designated in no. 6 on the sentenced person and has determined a sanction involving deprivation of liberty in the event of a breach of the sanction,

3. the sanction involving deprivation of liberty imposed by the court or determined in accordance with no. 2 (c) in the cases referred to in section 90h (5) can be converted into a sanction provided for under German law which most closely corresponds to it,

4. a penalty, measure of reform and prevention or an administrative fine could also have been imposed under German law for the offence giving rise to the judgment, notwithstanding any procedural obstacles and, where applicable, in the case of the analogous conversion of the facts,

5. the sentenced person
a) is a German national or has his or her lawful and habitual residence in the Federal Republic of Germany and no proceedings to terminate that residence are pending and
b) is in the Federal Republic of Germany and

6. one of the following probation measures or one of the following alternative sanctions was imposed on the sentenced person:
a) the obligation to inform a specific authority of any change of residence or workplace,
b) the obligation not to enter certain localities, places or defined areas in the other Member State or in the Federal Republic of Germany,
c) an obligation containing limitations on leaving the territory of the Federal Republic of Germany,
d) an obligation relating to behaviour, residence, education and training, or leisure activities, or containing limitations on or modalities of carrying out a professional activity,
e) the obligation to report at specified times to a specific authority,
f) the obligation to avoid contact with specific persons,
g) the obligation to avoid contact with specific objects used or likely to be used by the sentenced person with a view to committing a criminal offence,
h) the obligation to compensate financially for prejudice caused by the offence,
i)  the obligation to provide proof of compliance with the obligation referred to in letter (h),
j)  the obligation to provide proof of compliance with the obligation to compensate financially for any prejudice caused,
k) the obligation to carry out community service,
l) the obligation to cooperate with a probation officer,
m) the obligation to undergo therapeutic treatment involving a physical intervention or to undergo treatment for addiction, provided that the sentenced person and, where applicable, the person having parental custody of the sentenced person or the sentenced person’s legal representative has consented thereto,
n) the obligation to undertake every effort to make restitution for the damage caused by the offence,
o) the obligation on the part of anyone who was under the age of 21 at the time of the offence to apologise in person to the injured party,
p) the obligation to pay a sum of money to a charitable organisation if this is appropriate given the nature of the offence and the offender’s personality or
q) other obligations which are suited to helping the sentenced person not to commit any further offences or which relate to the conduct of a sentenced person who was under the age of 21 at the time of the offence, and thus to promote and ensure the sentenced person’s education.

The decision referred to in sentence 1 no. 2 (b) may be given by another competent authority in the other Member State in lieu of a court.

(2) In derogation from subsection (1) sentence 1 no. 4, enforcement of the judgment and supervision of probation measures or alternative sanctions imposed in that judgment are also permissible in relation to taxes, customs duties and currency exchange activities even if German law does not contain the same kind of provisions on taxes, customs duties and currency exchange activities as the law of the other Member State.

(3) Supervision of probation measures or alternative sanctions, but not the enforcement of the foreign judgment, is also permissible if,

1. instead of issuing one of the decisions referred to in subsection (1) sentence 1 no. 2, the court
a) has imposed one of the alternative sanctions designated in subsection (1) sentence 1 no. 6 on the sentenced person and has determined no sanction involving deprivation of liberty in the event of a breach of that sanction,
b) has conditionally deferred fixing the penalty by imposing one or more probation measures on the sentenced person or
c) has imposed one or more probation measures on the sentenced person instead of a sanction involving deprivation of liberty,

2. in derogation from subsection (1) sentence 1 no. 3, the sanction involving deprivation of liberty in the cases referred to in section 90h (5) cannot be converted into a sanction provided for under German law which most closely corresponds to it or

3. in derogation from subsection (1) sentence 1 no. 4, no penalty, measure of reform and prevention or administrative fine could be imposed under German law for the offence giving rise to the judgment.

Section 90k Supervision of sentenced person

(1) If the public prosecution office has only authorised the supervision of probation measures or alternative sanctions, then the court only supervises the sentenced person’s conduct during the probation period as well as compliance with the probation measures or alternative sanctions imposed on him or her insofar as the other Member State has suspended supervision. Section 90j (1) sentence 3 applies accordingly.

(2) If the public prosecution office has not authorised enforcement of the foreign judgment but supervision of probation measures or alternative sanctions is permissible because section 90b (3) no. 1 or no. 2 applies or because the obstacle to authorisation referred to in section 90e (2) was properly asserted, then in addition to supervision in accordance with subsection (1) the court also gives the following subsequent decisions:
1. regarding a reduction of the duration of the probation or supervision of conduct to the lower limit,
2. regarding an increase in the duration of the probation or supervision of conduct to the upper limit and
3. regarding the issuing, amendment and revocation of obligations and instructions, including the instruction to subject the sentenced person to the supervision and direction of a probation officer for the full duration or part of the probation period.

Section 90j (1) sentence 3 applies accordingly.

(3) Once supervision of the probation measures or alternative sanctions has commenced, that supervision is dispensed with if
1. a competent agency in the other Member State gives notification that the conditions for the supervision are no longer met,
2. the sentenced person has fled the Federal Republic of Germany or
3. the court would revoke suspension on probation or would impose a sanction involving deprivation of liberty on the sentenced person.

Section 90j (4) sentence 2 applies accordingly.

(4) The court notifies the competent authority in the other Member State without delay about
1. any breach whatsoever of a probation measure or alternative sanction, in the event of its only supervising the sentenced person’s conduct, as well as compliance with probation measures and alternative sanctions pursuant to subsection (1),
2. subsequent decisions given pursuant to subsection (2) and
3. supervision being dispensed with pursuant to subsection (3).

The form in Annex II of the Framework Decision on Supervision of Probation is to be used for the notification required under sentence 1 no. 1 and no. 2 and for the notification about supervision being dispensed with required under sentence 1 no. 3 in conjunction with subsection (3) sentence 1 no. 3.

(5) Section 90j (3) applies accordingly, with the proviso that instead of instructing the sentenced person about the possibility of suspension being revoked or the previously determined sanction involving deprivation of liberty being imposed in accordance with section 90j (3) sentence 1 no. 4 the court instructs the sentenced person about the possibility of supervision being dispensed with in accordance with subsection (3) sentence 1 no. 3.

Subdivision 2
Supervision of German probation measures in another Member State of European Union

Section 90l
Authorisation of enforcement and supervision

(1) In derogation from section 71, the enforcing authority may transfer the following to another Member State under the provisions of the Framework Decision on Supervision of Probation:
1. the enforcement of a sanction involving deprivation of liberty imposed within the area of application of this Act whose enforcement or further enforcement was suspended on probation and
2. the supervision of obligations and instructions imposed on the sentenced person for the full duration or a part of the probation period.

Enforcement in accordance with sentence 1 no. 1 may only be transferred in conjunction with supervision in accordance with sentence 1 no. 2. The enforcing authority gives the sentenced person the opportunity to make a statement. This may be dispensed with if the sentenced person has applied for enforcement and supervision to be transferred to the other Member State.

(2) If the sentenced person is in the Federal Republic of Germany, the enforcing authority may only authorise the transfer of enforcement and supervision if the sentenced person has consented thereto. The sentenced person’s consent is to be declared before and placed on record by a judge. It may not be revoked. The sentenced person is to be instructed about the legal consequences of giving consent and about its irrevocability.

(3) The enforcing authority is to inform the sentenced person, in writing, about the decision to make a request for enforcement and supervision to another Member State. If the sentenced person is in the other Member State’s territorial jurisdiction, the enforcing authority may request that the competent authority in that Member State forward the notification to the sentenced person. All statements made by the sentenced person and by his or her legal representative must be included, in written form, with the request for enforcement.

(4) The enforcing authority may withdraw a request for enforcement and supervision as long as supervision by the other Member State has not yet commenced.

(5) If the enforcing authority does not authorise the transfer of enforcement of a sanction involving deprivation of liberty in accordance with subsection (1) sentence 1 no. 1 and supervision of obligations and instructions in accordance with subsection (1) sentence 1 no. 2 to another Member State or if it withdraws a request pursuant to subsection (4), then it gives reasons for this decision. The enforcing authority serves the decision on the sentenced person, provided he or she has consented to enforcement and supervision in that other Member State. The sentenced person may apply, within two weeks following service, for a court decision. Sections 297 to 300 and section 302 (1) sentence 1 and (2) of the Code of Criminal Procedure on appellate remedies and sections 42 to 47 of the Code of Criminal Procedure on time limits and restoration of the status quo ante apply accordingly.


Section 90m
Court proceedings upon application by sentenced person

(1) It is for the higher regional court with jurisdiction under section 71 (4) sentences 2 and 3 to decide, by way of court order, upon application by the sentenced person made in accordance with section 90l (5) sentence 3. The enforcing authority prepares the decision. Section 13 (1) sentence 2, section 30 (2) sentences 2 and 4 and (3), section 31 (1) and (4) and sections 33, 42 and 53 apply accordingly. If the sentenced person is within the area of application of this Act, then section 30 (2) sentence 1 and section 31 (2) and (3) also apply accordingly.

(2) If the sentenced person does not comply with the provisions governing an application for a court decision under section 90l (5) sentences 3 and 4, the court dismisses the application as inadmissible.

(3)  The sentenced person’s application for a court decision is rejected as unfounded by way of court order if
1. it is not permissible, under the provisions of the Framework Decision on Supervision of Probation and pursuant to section 90l (1), to transfer enforcement of a judgment delivered within the area of application of this Act and supervision of obligations and instructions imposed in that judgment to another Member State or
2. the enforcing authority properly exercised its discretionary power under section 90l (1) sentence 1 and (4).

(4)  If the sentenced person’s application for a court decision is admissible and well-founded and no discretionary decision other than that given by the enforcing authority is justified, the court declares enforcement of the sanction involving deprivation of liberty in accordance with section 90l (1) sentence 1 no. 1 and supervision of the obligations and instructions designated in section 90l (1) sentence 1 no. 2 in the other Member State to be permissible. If, however, another discretionary decision is considered as a possibility, the court reverses the decision given by the enforcing authority and returns the case files so that the enforcing authority may exercise its discretionary power once more, giving due consideration to the court’s legal opinion.

(5) The enforcing authority authorises the enforcement and the supervision in the other Member State under the terms of the final court decision. There is no right of appeal against the authorisation decision.


Section 90n
Domestic enforcement proceedings

(1) The German enforcing authority dispenses with enforcement and supervision if the other Member State has taken them on and carried them out. It may resume enforcement and supervision as soon as that other Member State has given notification that it dispenses with further enforcement and supervision.

(2) If the other Member State has converted or subsequently amended the obligations and instructions imposed on the sentenced person for the full duration or a part of the probation period, then the competent court converts the obligations and instructions in accordance with section 90h (7) sentence 1. That court which has jurisdiction to give decisions pursuant to section 453 of the Code of Criminal Procedure or section 58 of the Youth Courts Act has jurisdiction in this regard.

(3) If the other Member State increases the probation period by more than half of the initially determined period, the court reduces the duration of the probation period to that upper limit if the increased probation period is more than five years. If juvenile criminal law was applicable under German law, then sentence 2 applies, with the proviso that the maximum duration is four years. Any efforts which the sentenced person has made to fulfil obligations, offers, instructions or assurances in the other Member State are credited to him or her.

Division 5
Monitoring of supervision measures to avoid remand detention

Section 90o Principle

(1) Assistance in matters relating to the enforcement of judgments which is rendered and the transfer of such enforcement to another Member State of the European Union under the provisions of Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition of decisions on supervision measures as an alternative to provisional detention (OJ L 294, 11.11.2009, p. 20) (Framework Decision on Supervision Measures) are governed by the provisions of this Division.

(2) In the absence of special provision made under this Division, the general provisions of Part 1 and Part 7 apply. Section 53 applies accordingly.

(3) This Division takes precedence over agreements under international law as referred to in section 1 (3), provided that exhaustive provision is made on the relevant matter.


Section 90p
Conditions governing permissibility

(1) Obligations and instructions which another Member State of the European Union has imposed under the provisions of its national law and proceedings against a natural person to avoid remand detention (supervision measures) may be monitored in the Federal Republic of Germany. The monitoring of supervision measures is only permissible if
1. a penalty or measure of reform and prevention could, notwithstanding any procedural obstacles and, where applicable, in the case of analogous conversion of the facts, also be imposed under German law for the offence giving rise to the judgment,

2. following instruction about the supervision measures, the person to be monitored consents to return to or remain in the Federal Republic of Germany,

3. the person to be monitored
a) is a German national or has his or her lawful and habitual residence in the Federal Republic of Germany or
b) intends to establish his or her habitual residence in the Federal Republic of Germany forthwith and meets the requirements for entry into and residence in the territory of the Federal Republic of Germany and

4. one or more of the following supervision measures is or are to be monitored:
a) the obligation to inform a specific authority of any change of residence,
b) the obligation not to enter certain localities, places or defined areas in the Federal Republic of Germany or in the other Member State,
c) the obligation to remain at a specified place, where applicable during specified times,
d) an obligation containing limitations on leaving the territory of the Federal Republic of Germany,
e) the obligation to report at specified times to a specific authority,
f) the obligation to avoid contact with specific persons,
g) the obligation not to engage in specified activities in relation with the offence allegedly committed,
h) the obligation to deposit a certain sum of money or to give another kind of guarantee, which may either be provided in a specified number of instalments or entirely at once,
i) the obligation to avoid contact with specific objects in relation with the offence allegedly committed,

(2) In derogation from subsection (1) sentence 2 no. 1, the monitoring of supervision measures in tax, customs and currency exchange matters is also permissible even if German law does not contain the same kind of provisions on taxes, customs and currency exchange activities as the law of the other Member State.

(3) The monitoring of a supervision measure is not permissible if

1. the person to be monitored lacked criminal responsibility under section 19 of the Criminal Code or lacked criminal liability under section 3 of the Youth Courts Act at the time of the offence,

2. the person to be monitored
a) has already had final judgment passed upon him or her by a Member State other than that in which the judgment was delivered for the same offence which gave rise to the judgment and
b) has, in the event of conviction, had a sanction imposed and this has already been enforced, is currently being enforced or can no longer be enforced under the law of the sentencing state or

3. prosecution would be statute-barred under German law in the case of offences for which Germany’s jurisdiction has also been established.


Section 90q Documentation

(1) The monitoring of a supervision measure in accordance with the provisions of the Framework Decision on Supervision Measures is only permissible if the other Member State has transmitted the original or a certified copy of the enforceable decision on supervision measures together with a fully completed certificate, for which the form in Annex I of the Framework Decision on Supervision Measures, as amended, is to be used.

(2) If the certificate referred to in subsection (1) is incomplete but the required particulars can be drawn from the decision or from other accompanying documentation, then the competent authority may dispense with requiring the submission of a completed certificate.


Section 90r Obstacles to authorisation

Authorisation of the monitoring of supervision measures which is permissible under the terms of sections 90p and 90q may only be refused if
1. the certificate (section 90q (1)) is incomplete or manifestly does not correspond to the decision and the other Member State has not completed or corrected these particulars,
2. extradition of the person to be monitored would have to be refused in the event of a breach of a supervision measure,
3. proceedings are pending to terminate the residence of a person who has his or her lawful and habitual residence in the Federal Republic of Germany or
4. supervision of the person to be monitored can, in the individual case, be better guaranteed in another Member State in the case under section 90p (1) sentence 2 no. 3 (b).


Section 90s
Interim authorisation decision

(1) It is for the public prosecution office with jurisdiction under section 51 to give the decision on whether to take on the monitoring of supervision measures.

(2) The public prosecution office gives the person to be monitored the opportunity to make a statement, unless he or she has already done so.

(3) If the public prosecution office decides not to assert any of the obstacles to authorisation referred to in section 90r, it gives reasons for this decision in its application for a court decision on the permissibility of the supervision measure. The competent authority in the other Member State is to be notified by the public prosecution office before it applies for a court decision about
1. the reasons why it would have to refuse to extradite the person to be monitored in the event of a breach of a supervision measure and
2. it not asserting any obstacles to authorisation.

(4) If the public prosecution office does not authorise the monitoring of supervision measures, it gives reasons for this decision. The public prosecution office serves the decision on the person to be monitored. The person to be monitored may apply, within two weeks following service of the decision not to authorise the monitoring of supervision measures, for a court decision. Sections 297 to 300 and section 302 (1) sentence 1 and (2) of the Code of Criminal Procedure on appellate remedies and sections 42 to 47 of the Code of Criminal Procedure on time limits and restitution of the status quo ante apply accordingly.


Section 90t Court procedure

(1) It is for the local court to decide upon application by the public prosecution office pursuant to section 90s (3) sentence 1 or upon application by the person to be monitored pursuant to section 90s (4) sentence 3. Section 51 applies accordingly. The public prosecution office prepares the decision.

(2) Section 52 (1) applies accordingly to the court’s preparation of the decision, with the proviso that the competent authority in the other Member State must also have been given the opportunity to submit additional documentation if the documentation submitted is not sufficient to be able to assess whether the public prosecution office properly exercised its discretionary power. The court may set a time limit for submission of the documentation.

(3) Section 30 (2) sentence 2 applies accordingly, with the proviso that the court may also take evidence as to whether the public prosecution office properly exercised its discretionary power. Section 30 (2) sentence 4 and (3) and section 31 (1) and (4) apply accordingly. If the sentenced person is within the area of application of this Act, then section 30 (2) sentence 1 and section 31 (2) and (3) apply accordingly.


Section 90u
Court decision on permissibility

(1) It is for the local court to decide, by way of court order, upon applications for a court decision as provided for in section 90s (3) sentence 1 and (4) sentence 3. The supervision measures to be monitored must be precisely defined in the operative part of the decision granting the application.

(2) If the person to be monitored has not complied with the provisions governing an application for a court decision as provided for in section 90s (4) sentence 3, then the court dismisses the application as inadmissible. There is no right of appeal against the decision.

(3)  The court orders the monitoring of supervision measures if it is permissible and
1. the public prosecution office properly exercised its discretionary power not to assert any of the obstacles to authorisation referred to in section 90r or
2. the public prosecution office improperly exercised its discretionary power to assert obstacles to authorisation as referred to in section 90r and no other discretionary decision is justified; if, however, another discretionary decision is considered as a possibility, the court reverses the decision given by the public prosecution office and returns the case files so that the public prosecution office may exercise its discretionary power once more, giving due consideration to the court’s legal opinion.

(4)  The court converts the supervision measures imposed on the person to be monitored if
1. the conditions for the imposition of supervision measures under the law applicable within the area of application of this Act are not met or
2. the supervision measures imposed were not defined sufficiently precisely.

The converted supervision measures must correspond as closely as possible to the supervision measures imposed by the issuing state. They may not be more severe than the supervision measures imposed by the issuing state. The competent authority in the other Member State is to be notified without delay about any conversion as per this subsection.

(5) The public prosecution office and the person to be monitored may file an immediate complaint against the decision given by the local court. Subsection (2) sentence 2 remains unaffected. Section 42 applies accordingly.


Section 90v Authorisation following court decision

(1) The public prosecution office may only authorise the taking on of the monitoring of supervision measures if it has been declared permissible by court decision. The public prosecution office authorises the monitoring under the terms of the enforceable court decision. There is no right of appeal against the authorisation decision.

(2) A decision on authorisation is, as a general rule, to be given within 20 working days after the public prosecution office receives the documentation referred to in section 90q. Where an immediate complaint was filed against the court’s decision under section 90u (5), the time limit for authorisation is extended by a further 20 working days.

(3) If the public prosecution office is prevented, owing to extraordinary circumstances, from complying with the time limits set out in subsection (2), it notifies the competent authority in the issuing state without delay, giving the reasons for the delay and indicating how long it expects to take to give the final decision.


Section 90w Conduct of monitoring

(1) The court with jurisdiction to give the decision under section 90u assumes responsibility for monitoring the supervision measures immediately after authorisation to take on the monitoring of supervision measures is given and for the duration of the period indicated by the competent authority in the other Member State. The court may transfer monitoring in full or in part to the court in whose district the person to be monitored has his or her place of residence or, in the absence of such residence, his or her habitual residence. Such transfer is binding.

(2) If provision is made by law for the hearing or involvement of the public prosecution office, then that public prosecution office is competent which prepared the court decision on permissibility. Its competence remains unaffected by any transfer in accordance with subsection (1) sentence 2.

(3)  The court notifies the competent authority in the other Member State without delay about
1. any change in the person to be monitored’s place of residence,
2. the fact that the person to be monitored’s whereabouts in the territory of the Federal Republic of Germany can no longer be established and
3. any breach of a supervision measure and any judgments which could entail a further decision in relation to a decision on supervision measures; the form in Annex II of the Framework Decision on Supervision Measures, as amended, is to be used for this purpose.

(4)  The court dispenses with monitoring supervision measures if
1. the competent authority in the other Member State withdraws the certificate or gives notification in another suitable manner that monitoring of the supervision measures is to be discontinued,
2. the person to be monitored’s whereabouts in the territory of the Federal Republic of Germany can no longer be established,
3. the person to be monitored no longer has a lawful and habitual residence in Germany or
4. the competent authority in the other Member State has amended the supervision measure so that no supervision measure within the meaning of section 90p (1) sentence 2 no. 4 now exists.

The decision referred to in sentence 1 is given by way of court order.

(5) The court may dispense with monitoring the supervision measure if the competent authority in the other Member State has given no further decision in relation to a decision on supervision measures although the court
1. repeatedly notified the competent authority in the other Member State about the same person, as required under subsection (3) no. 3, and
2. set a suitable time limit for the issuing of a further decision in relation to a decision on supervision measures.

The decision referred to in sentence 1 is given by way of court order.

(6) If the court has decided to discontinue monitoring of the supervision measures under the terms of subsection (5), it notifies the competent authority in the other Member State thereof in writing, giving reasons.


Section 90x
New and amended supervision measures

The provisions of sections 90o to 90w also apply to the taking on and monitoring of new or amended supervision measures, with the proviso that no re-examination as set forth in section 90p (1) sentence 2 no. 2 and no. 3 and (3), section 90r and section 77 (2) is then carried out. In the case of decisions on new supervision measures, no re-examination as set forth in section 90p (1) sentence 2 no. 4 is carried out either.


Section 90y Transfer of monitoring

(1) The court with jurisdiction under section 126 of the Code of Criminal Procedure may transfer the monitoring of supervision measures to avoid remand detention imposed by a German court to another Member State of the European Union for monitoring under the provisions of the Framework Decision on Supervision Measures. Such transfer is only permissible if the person to be monitored
1. has his or her lawful and habitual residence in that Member State and
2. has consented to return to that Member State following instruction about the supervision measures in question or
3. is already in that Member State.

The court gives the public prosecution office the opportunity to make a statement.

(2) In derogation from subsection (1) sentence 2 no. 1 and no. 2, the court may transfer the monitoring of supervision measures to a Member State of the European Union other than that in which the person to be monitored has his or her lawful and habitual residence, provided the person to be monitored has filed an application to that effect.

(3)  The court notifies the competent authority in the other Member State without delay about 1. any further decision given in relation to a decision on supervision measures and
2. any legal remedy filed against a decision on supervision measures.

(4)  The court may request the competent authority in the other Member State to extend the monitoring of supervision measures if
1. the competent authority in the other Member State has stated a specific period during which the monitoring of supervision measures is permissible,
2. the period referred to in no. 1 has elapsed and
3. it deems monitoring of the supervision measures still to be necessary.

(5) A request as referred to in subsection (4) must include the following information:
1. the reasons for the extension,
2. the likely consequences for the person to be monitored if the supervision measures were not to be extended and
3. the likely length of the extension.


Section 90z
Withdrawal of transfer of monitoring

(1) The court must withdraw the certificate relating to the transfer of monitoring if the conditions for the issuing of an arrest warrant are no longer met. It may withdraw the certificate if
1. the competent authority in the other Member State has given notification that it has amended the supervision measures in line with the law applicable in that Member State,
2. the competent authority in the other Member State has given notification that it can only monitor the supervision measures for a limited period of time or
3. the competent authority in the other Member State has given notification that, in the event of a breach of the supervision measures, it would have to refuse to extradite the person to be monitored.

In the cases under sentence 2, the certificate must be withdrawn before monitoring has commenced in the other Member State and no later than 10 days after the competent court receives the notification.

(2) The court resumes responsibility for monitoring the supervision measures if
1. the competent court in the other Member State gives notification that the person to be monitored has moved his or her lawful and habitual residence to a state other than the notified executing state,
2. the court has amended the supervision measures and the competent authority in the other Member State has refused to monitor the amended supervision measures,
3. the maximum period during which the measures may be monitored in the other Member State has elapsed,
4. the competent authority in the other Member State has decided to discontinue monitoring of the supervision measures under the provisions of Article 23 of the Framework Decision on Supervision Measures and has notified the court thereof.

Part 4
Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 40
Principle

Mutual Assistance shall be provided through the enforcement of non-appealable criminal penalties imposed by the Court in accordance with the Rome Statute as well as this law. Orders of forfeiture pursuant to Article 77 para. 2(b) of the Rome Statute as well as decisions under Article 75 of the Rome Statute shall also be enforced.


§ 41
Enforcement of Prison Sentences
(relating to Article 77 para. 1,Article 103 para. 1 and 2, and Articles 105, 106, and 110 of the Rome
Statute)

(1) Prison sentences shall be enforced when:
1. requested by the Court upon presentation of a complete final and enforceable
court ruling on guilt and punishment, and
2. the Court and the office responsible pursuant to § 68 para. 1 have agreed
upon assumption of responsibility for the enforcement. Upon assumption of jurisdiction over the convicted person a statement by the Court regarding the portion of the imposed penalty remaining to be enforced shall be presented.
(2) The prison sentence shall be enforced to the extent set forth by the Court. The provisions of the Criminal Code (Strafgesetzbuch) regarding suspension of enforcement of the remainder of a set period or a life-long prison sentence (§§ 57-57b of the Criminal Code) and the Criminal Procedure Code regarding enforcement of a prison sentence are inapplicable. The enforcement shall end when the Court so notifies.
(3) Upon request of the Court, the convicted person shall be surrendered to the Court or to a state designated by it. To the extent the Court does not explicitly notify that the convicted person is to be released from custody, he shall be held in custody until surrender to the Court or to the authorities of a state designated by it. Should the Court at a later point in time request a resumption of the enforcement of a criminal penalty already partially enforced domestically, the documents referred to in para. 1 number 1 are not required to be resubmitted. Para. 1 sentence 1 number 2 and sentence 2 apply mutatis mutandis.
(4) The Court is responsible for decisions relating to enforcement of the penalty, including pardon, reinstatement of the proceedings, and reduction of the sentence by
the Court, as well as for other decisions that could encompass a stopover for the convicted person outside of the institution in which the convicted person may be detained without guard. To the extent circumstances arise that, under German law, would enable a postponement, a temporary postponement, an interruption in enforcement, a termination of the enforcement, a set-off against the prison sentence to be served, or enforcement orders allowing a stopover outside of the enforcement institution without guard, a decision of the Court shall be obtained. The enforcement of the penalty shall, in addition, be arranged according to German regulations and correspond to the enforcement of penalties that are imposed by German courts for similar criminal acts. The provisions of the Prison Act (Strafvollzugsgesetz) regarding objection proceedings and court proceedings are inapplicable to the extent the Court is responsible for rulings on enforcement measures.
(5) Communications between the convicted person and the Court shall be unimpeded and confidential. Upon request of the Court, members of the Court shall be granted admittance to the penal institution. If the convicted person raises objections to the enforcement of the penalty or files motions regarding which the Court must rule, a ruling by the Court shall be obtained.
(6) Costs arising from the enforcement shall be borne by the federal government in accordance with an agreement to be entered into with the states (Länder). This does not apply to the extent costs are to be assumed by the Court pursuant to law or other regulations.

§ 42
Escape and Speciality
(relating to Article 108, Article 111 of the Rome Statute)

(1) Should the convicted person escape or otherwise evade justice, the office responsible pursuant to § 46 para. 1 shall issue an arrest warrant and shall use further measures as required to establish the whereabouts and to effect arrest of the suspect. A request of the Court is not required for the ordering of individual investigative measures. § 31 para. 2 sentence 1 of the Law on the Administration of Justice (Rechtspflegergesetz) applies mutatis mutandis. The Court will be promptly informed of the escape; in addition, the proceedings shall be handled in accordance with Article 111 of the Rome Statute.
(2) Prosecution for criminal acts that the convicted person committed prior to his surrender to the German authorities or the execution of a prison sentence imposed prior to surrender or measures for the prevention of crime and the reformation of offenders (Maßregel der Besserung und Sicherung) shall occur subject to the provisions of Article 108 para. 3 of the Rome Statute only upon agreement of the Court.
(3) If a foreign state requests extradition, provisional extradition, deportation, or other transfer to its sovereign territory for criminal prosecution or execution of a sentence or other sanction, approval may be given when the Court, subject to the provisions of Article 108 para. 3 of the Rome Statute, has given prior approval and the extradition is permissible according to the extradition regulations applicable to the requesting state.

§ 43
Enforcement of Monetary Fines
(relating to Article 77 para. 2(a), Article 109 para. 1 of the Rome Statute)

(1) Monetary fines shall be enforced when:
1. requested by the Court upon presentation of a complete final and enforceable
court ruling on guilt and punishment, and
2. the request states up to which amount the monetary fine is to be enforced domestically insofar as the Court has requested enforcement of monetary fines from more than one state.
To the extent that the monetary fine to be enforced is stated in a currency other than Euro, the exchange rate officially set on the day of receipt of the request shall be used for the conversion.
(2) The Court-Fee Collection Ordinance (Justizbeitreibungsordnung) applies to the enforcement of monetary fines as far as this law does not otherwise provide.
(3) The fine is due upon receipt of the request. For interpretation of the rulings on guilt or sentencing, the calculation of the imposed penalty, objections to the permissibility of the enforcement of the penalty, or when under German law the prerequisites of § 459a of the Criminal Procedure Code would be met, a decision of the Court shall be obtained. The progress of the enforcement shall not be inhibited hereby; the office responsible pursuant to § 46 para. 2 may, however, postpone or suspend the enforcement. A continuation of enforcement at a later point in time shall be ensured by appropriate measures; to this end, a search of the convicted person, his living quarters and possessions, as well as the confiscation of objects, is allowed.
(4) § 459b and 459c para. 2 and 3 of the Criminal Procedure Code apply mutatis mutandis. The result of the enforcement shall be reported to the Court and the fine collected shall be transferred to it.
(5) To the extent the Court, because of the uncollectability of a monetary fine, lengthens the imposed detention based upon a criminal act in Article 5 of the Rome Statute or, because of the uncollectability of an imposed monetary fine based upon a criminal act as set forth in Article 70 para. 1 of the Rome Statute, imposes a prison sentence, §§ 41 and 42 apply to the enforcement of the prison sentence.

§ 44
Enforcement of Forfeiture Orders
(relating to Article 77 para. 2(b), Article 109 para. 2 of the Rome Statute)

(1) Orders pursuant to Article 77 para. 2(b) of the Rome Statute (Forfeiture Orders) shall be enforced when:
1. requested by the Court upon presentation of a complete final and enforceable
court ruling on guilt and punishment, and
2. the objects at issue are located in Germany.
(2) To effect enforcement, the court shall order forfeiture of the object. § 73 para. 2-4, §§ 73a and 73b of the Criminal Code apply mutatis mutandis.
(3) If the forfeiture of an object is ordered, ownership of the object or the forfeited right, upon the approval of the mutual assistance, transfers through the office responsible pursuant to § 68 para. 1 to the Court, when the party affected by the order was at that time the owner thereof. Prior to the authorization, the order has the effect of a prohibition on sale within the meaning of § 136 of the Civil Code (Bürgerliches Gesetzbuch); the prohibition also encompasses other dispositions than sale. Objects, the forfeiture of which has been ordered, will be surrendered to the Court upon approval of the mutual assistance.
(4) To the extent that a forfeiture order of the Court contains a decision regarding the rights of third parties, these are binding, unless:
1. the third party obviously did not have the opportunity to enforce his rights,
2. the decision cannot be reconciled with a domestic civil law decision reached in
the same matter, or
3. the decision relates to the rights of third parties to real property or real property
rights located in Germany; priority notices also constitute third party rights.
If one of the cases in sentence 1 exists, the Court shall have the opportunity to
provide comments in the proceedings under § 68 para. 1. The rights of third parties to the objects remain to the extent foreseen by the Statute. Third parties who, under the circumstances of the case could exercise rights over the object, shall have, prior to a ruling, the opportunity to provide comments to the extent they have not already been able to provide comment to the Court. They may use legal assistance at each stage of the proceedings.
(5) To the extent an order for the forfeiture of an object is under consideration based upon a request of the Court, it may be seized to guarantee the forfeiture. To this end, a search may also be undertaken. Jurisdiction is determined in accordance with § 46 para. 3. In addition, §§ 111b – 111h and 111l of the Criminal Procedure Code apply mutatis mutandis. § 111k applies mutatis mutandis with the exception that prior to return to the injured party, the opinion of the Court shall be obtained; return shall not occur insofar as the Court in its opinion is against it.

§ 45
Enforcement of Restitution Orders
(relating to Article 75 para. 2, Article 109 of the Rome Statute)

Restitution Orders that require the payment of a sum of money shall be enforced when:
1. requested by the Court upon presentation of a complete final and enforceable
court ruling on guilt and punishment, as well as an order pursuant to Article 75
of the Rome Statute, and
2. the request states up to what amount the Restitution Order is to be enforced
domestically to the extent the Court has requested enforcement by more than
one state.
In addition, the enforcement shall occur in accordance with § 43.

§ 46
Jurisdiction,
Appeal to the Federal Supreme Court, Legal Assistance

(1) The office responsible for the enforcement of prison sentences of the Court (§§ 41 and 42) is the public prosecution office attached to the Higher Regional Court in whose district the institution is located in which the convicted person is in custody.
(2) Jurisdiction for the enforcement of monetary fines per § 43 and Restitution Orders per § 45 lies with the public prosecution office attached to the Higher Regional Court in whose district the convicted person has his legal residence or, in the absence thereof, where he habitually resides. If the legal or habitual residence cannot be determined, jurisdiction lies with the public prosecution office attached to the Higher Regional Court in whose district objects belonging to the convicted person are situated. If objects are situated in the districts of different Higher Regional Courts, jurisdiction is determined based upon which public prosecution office was first involved in the matter. For as long as jurisdiction under sentences 1-3 cannot be determined, jurisdiction is determined by the seat of the federal government. The necessary judicial orders shall be made by the Higher Regional Court. Rulings by the Higher Regional Court are non-appealable.
(3) The judicial orders required for enforcement of an order of forfeiture of the Court (§ 44) shall be made the Higher Regional Court. Para. 2 sentence 6 applies mutatis mutandis. The public prosecution office attached to the Higher Regional Court shall prepare the decisions. Local jurisdiction lies with the Higher Regional Court and the public prosecution office attached to the Higher Regional Court in whose district the object is situated. If objects are situated in the districts of different Higher Regional Courts, jurisdiction is determined based upon which Higher Regional Court or, as long as no Higher Regional Court is involved, upon which public prosecution office was first involved in the matter. For as long as jurisdiction under sentence 2 or sentence 3 cannot be determined, jurisdiction is determined by the seat of the federal government.
(4) As to proceedings before the Higher Regional Court, § 20 para. 2 and 3, § 21 para. 1 and 4, §§ 22, 23, and 29 para. 4, § 33, as well as the provisions of Chapter 11 of Part One of the Criminal Procedure Code with the exception of §§ 140 – 143 apply mutatis mutandis. § 31 applies mutatis mutandis with the exception that legal assistance is to be ordered when:
1. because of the difficulty of the factual or legal situation the involvement of legal assistance seems advisable, or
2. it is obvious that the suspect is incapable of sufficiently protecting his rights.

GENERAL PART

CHAPTER THREE
SANCTIONS

FIRST TITLE
PENALTIES
—Fine—

Section 40
Day fine units

(1) A fine shall be imposed in daily units. The minimum fine shall consist of five and, unless the law provides otherwise, the maximum shall consist of three hundred and sixty full daily units.
(2) The court shall determine the amount of the daily unit taking into consideration the personal and financial circumstances of the offender. In doing so, it shall typically base its calculation on the actual average one-day net income of the offender or the average income he could achieve in one day. A daily unit shall not be set at less than one and not at more than thirty thousand euros.
(3) The income of the offender, his assets and other relevant assessment factors may be estimated when setting the amount of a daily unit.
(4) The number and amount of the daily units shall be indicated in the decision.

Section 41
Fines in addition to imprisonment

If the offender through the commission of the offence enriched or tried to enrich himself, a fine which otherwise would not have been provided for or only in the alternative may be imposed in addition to imprisonment if this appears appropriate taking into consideration the personal and financial circumstances of the offender. This does not apply if the court imposes an order pursuant to section 43a.

Section 42
Allowing time for payment; instalments

If a convicted offender, due to his personal or financial circumstances, cannot be expected to pay the full fine immediately, the court shall allow a certain time for payment or allow payment in specified instalments. The court may also order that the privilege of paying the fine in fixed instalments will be revoked if the convicted offender fails to pay an instalment in time. The court shall also allow for such conditions of payment if without them the restitution by the offender of any damage caused by the offence were to be substantially impaired; the court may require the offender to present proof of restitution.

GENERAL PART

CHAPTER THREE
SANCTIONS

FIRST TITLE
PENALTIES
—Confiscatory expropriation order—

Section 43a
Confiscatory expropriation order

(1) If the law refers to this provision the court may, in addition to imprisonment for life or for a fixed term of more than two years, order payment of a sum of money the amount of which shall be limited by the value of the offender’s assets (confiscatory expropriation order). Material benefits which have been confiscated shall not be taken into account when assessing the value of the assets. The value of the assets may be estimated.
(2) Section 42 shall apply mutatis mutandis.
(3) The court shall indicate a term of imprisonment which shall be substituted if the amount cannot be recovered (default imprisonment). The maximum term of default imprisonment shall be two years, its minimum one month.

GENERAL PART

CHAPTER THREE
SANCTIONS

SEVENTH TITLE
CONFISCATION AND DEPRIVATION ORDERS

Section 73
Conditions of confiscation

(1) If an unlawful act has been committed and the principal or a secondary participant has acquired proceeds from it or obtained anything in order to commit it, the court shall order the confiscation of what was obtained. This shall not apply to the extent that the act has given rise to a claim of the victim the satisfaction of which would deprive the principal or secondary participant of the value of what has been obtained.
(2) The order of confiscation shall extend to benefits derived from what was obtained. It may also extend to objects which the principal or secondary participant has acquired by way of sale of the acquired object, as a replacement for its destruction, damage to or forcible loss of it or on the basis of a surrogate right.
(3) If the principal or secondary participant acted for another and that person acquired anything thereby, the order of confiscation under subsections (1) and (2) above shall be made against him.
(4) The confiscation of an object shall also be ordered if it is owned or subject to a right by a third party, who furnished it to support the act or with knowledge of the circumstances of the act.

Section 73a
Confiscation of monetary value

To the extent that the confiscation of a particular object is impossible due to the nature of what was obtained or for some other reason or because confiscation of a surrogate object pursuant to section 73(2) 2nd sentence has not been ordered, the court shall order the confiscation of a sum of money which corresponds to the value of what was obtained. The court shall also make such an order in addition to the confiscation of an object to the extent that its value falls short of the value of what was originally obtained.

Section 73b
Assessment of value

The scope of what was obtained and its value as well as the amount of the victim’s claim the satisfaction of which would deprive the principal or secondary participant of that which was obtained may be estimated.

Section 73c
Hardship

(1) Confiscation shall not be ordered to the extent it would constitute an undue hardship for the person affected. The order may be waived to the extent the value of what was obtained is no longer part of the affected person’s assets at the time of the order or if what was obtained is only of minor value.
(2) As to conditions of payment section 42 shall apply mutatis mutandis.

Section 73d
Extended confiscation

(1) If an unlawful act has been committed pursuant to a law which refers to this provision, the court shall also order the confiscation of objects of the principal or secondary participant if the circumstances justify the assumption that these objects were acquired as a result of unlawful acts, or for the purpose of committing them. The 1st sentence shall also apply if the principal or secondary participant does not own or have a right to the object merely because he acquired the object as a result of an unlawful act or for the purpose of committing it.
Section 73(2) shall apply mutatis mutandis.
(2) If the confiscation of a particular object has, after the act, become impossible in whole or in part section 73a and section 73b shall apply mutatis mutandis.
(3) If after an order of confiscation pursuant to subsection (1) above, due to another unlawful act which the principal or secondary participant committed before that order, a decision must again be taken as to the confiscation of objects of the principal or secondary participant, the court in doing so shall take into account the previous order.
(4) Section 73c shall apply mutatis mutandis.

Section 73e
Effect of confiscation

(1) If the confiscation of an object is ordered title to the property or the right confiscated shall pass to the state once the order becomes final if the person affected by the order has a right to it at the time. The rights of third parties in the object remain unaffected.
(2) Prior to its becoming final the order shall have the effect of a prohibition to sell within the meaning of section 136 of the Civil Code; the prohibition shall also cover dispositions other than sales.

Section 74
Conditions of deprivation

(1) If an intentional offence has been committed objects generated by or used orintended for use in its commission or preparation, the court may make a deprivation order.
(2) A deprivation order shall not be admissible unless
1. the principal or secondary participant owns or has a right to the objects at the time of the decision; or
2. the objects, due to their nature and the circumstances, pose a danger to the general public or if there is reason to believe that they will be used for the commission of unlawful acts.
(3) Under the provisions of subsection (2) No 2 above the deprivation of objects shall also be admissible if the offender acted without guilt.
(4) If deprivation is prescribed or permitted by a special provision apart from subsection (1) above, subsections (2) and (3) above shall apply mutatis mutandis.

Section 74a
Extended conditions of deprivation

If the law refers to this provision, objects may be subject to a deprivation order as an exception to section 74(2) No 1 if at the time of the decision the person who owns or has a right to them
1. at least with gross negligence contributed to the property or the right being the object of or being used for the act or its preparation; or
2. acquired the objects dishonestly with knowledge of the circumstances that would have allowed their deprivation.

Section 74b
Principle of proportionality

(1) If deprivation is not otherwise prescribed it may not be ordered in cases under section 74(2) No 1 and section 74a if it is disproportionate to the significance of the act committed and the blameworthiness of the principal or secondary participant or of the third party in cases of section 74a.
(2) In cases under section 74 and section 74a the court shall defer the deprivation order and impose a less incisive measure if the purpose of a deprivation order can also be attained thus. Particular consideration shall be given to instructions
1. to destroy the objects;
2. to remove particular fittings or distinguishing marks from or otherwise modify the objects; or
3. to dispose of the objects in a specified manner.
If the instructions are carried out the deferment order shall be rescinded; otherwise the court shall subsequently order the deprivation.
(3) If deprivation is not otherwise proscribed it may be limited to a part of the objects.

Section 74c
Deprivation of monetary value

(1) If the principal or secondary participant has used, particularly disposing of it or consuming it, the object which he owned or had a right to at the time of the offence and which could have been subject to deprivation, or if he has otherwise obstructed the deprivation of the object, the court may order the deprivation from the principal or secondary participant, of a sum of money no greater than the amount equivalent to the value of the object.
(2) The court may also make such an order in addition to the deprivation of an object or in place thereof, if the principal or secondary participant has, prior to the decision on the deprivation, encumbered it with the right of a third party, the extinguishment of which cannot be ordered without compensation or could not be ordered in the case of deprivation (section 74e(2) and section 74f); if the court makes the order in addition to the deprivation, then the amount of the surrogate value shall be assessed according to the value of the encumbrance.
(3) The value of the object and the encumbrance may be estimated.
(4) As to conditions of payment section 42 shall apply mutatis mutandis.

Section 74d
Deprivation and destruction of publication media

(1) Written materials (section 11(3)) of a content every intentional dissemination of which with knowledge of the content would fulfil the elements of a criminal provision, shall be subject to a deprivation order if at least one copy was disseminated through an unlawful act or was intended for such dissemination. At the same time the equipment used for or intended for the production of the written material, such as plates, frames, type, blocks, negatives or stencils, shall be destroyed.
(2) The deprivation shall extend only to those copies which are in the possession of the persons involved in their dissemination or preparation or which have been publicly displayed or, if they were sent for dissemination, have not yet been distributed to the recipient.
(3) Subsection (1) above shall apply mutatis mutandis to written materials (section 11(3)) of a content the intentional dissemination of which with knowledge of the content would fulfil the elements of a criminal provision only under additional circumstances. Deprivation and destruction shall not be ordered unless
1. the copies and the objects indicated in subsection (1) 2nd sentence above are in the possession of the principal or secondary participant or another on whose behalf the principal or secondary participant acted, or are intended by these people for dissemination; and
2. the measures are required to prevent any unlawful dissemination by these persons.
(4) Dissemination within the meaning of subsections (1) to (3) above shall also mean providing access to written material (section 11(3)) or at least one copy of it to the public by putting it on display, putting up posters, performances or other means.
(5) Section 74b(2) and (3) shall apply mutatis mutandis.

Section 74e
Effect of deprivation

(1) If the deprivation of an object is ordered, title to the property or the right ordered deprived shall pass to the state once the order becomes final.
(2) The rights of third parties in the object remain unaffected. The court shall order the cessation of these rights if it bases the deprivation on the fact that the conditions of section 74(2) No 2 are met. It may also order the cessation of the rights of a third party if no compensation is due to him pursuant to section 74f(2) Nos 1 or 2.
(3) Section 73e(2) shall apply mutatis mutandis to the order of deprivation and the order deferring deprivation before they have become final.

Section 74f
Compensation

(1) If a third party had title to the property or to the right ordered deprived at the time the decision on deprivation or destruction became final or if the object was encumbered by a right of a third party which was extinguished or prejudiced by the decision, the third party shall be adequately compensated in money from the public treasury, taking into consideration the fair market value. (2) Compensation shall not be granted if
1. the third party at least with gross negligence contributed to the property or the right being the object of or being used for the act or its preparation,
2. the third party acquired the objects or the right dishonestly with knowledge of the circumstances that would have allowed their deprivation, or
3. it would be lawful under the circumstances which justified the deprivation or destruction, to deprive the third party permanently of the object and without compensation on the basis of provisions outside the criminal law.
(3) In cases under subsection (2) above the court may grant compensation to the extent that it would constitute an undue hardship to deny it.

Section 75
Special provision for organs and representatives

If a person commits an act
1. in his capacity as an organ authorised to represent a legal entity or as a member of such an organ;
2. in his capacity as a director or member of board of directors of an association lacking independent legal capacity;
3. as a partner authorised to represent a partnership with independent legal capacity; or
4. as an authorised representative with full power of attorney or in a management position as general agent or authorised representative, with a commercial power of attorney, of a legal entity or association listed in Nos 2 or 3 above; or
5. as another person acting in a responsible capacity for the management of the business or enterprise of a legal entity or association listed in Nos 2 or 3 above, including the supervision of the management of the business, or other exercise of controlling powers in a senior management position,
which in relation to him and under the other conditions of sections 74 to 74c and section 74f would allow the deprivation of an object or its surrogate value or justify the denial of compensation,his act shall be attributed and these provisions applied to the person or entity represented. Section 14(3) shall apply mutatis mutandis.

—Common provisions—
Section 76
Subsequent orders for confiscation or deprivation of monetary value

If an order for confiscation or deprivation of an object is not enforceable or inadequate because after making it one of the conditions indicated in section 73a, section 73d(2), or section 74c has arisen or come to its attention, the court may subsequently order the confiscation or deprivation of the monetary value.

Section 76a
Independent orders

(1) If for reasons of fact no person can be prosecuted or convicted of the offence, confiscation or deprivation of the object or the monetary value or destruction must or may be independently ordered if the conditions under which the measure is prescribed or available otherwise are met.
(2) Subsection (1) above shall, under the provisions of section 74(2) No 2, (3) and section 74d, apply if
1. prosecution of the offence is barred by the statute of limitations; or
2. for other reasons of law no person may be prosecuted and the law does not provide otherwise.
Deprivation or destruction must not be ordered in the absence of a request or authorisation to prosecute or a request by a foreign state.
(3) Subsection (1) above shall apply if the court orders a discharge or if the proceedings are terminated pursuant to a provision allowing this in the discretion of either the public prosecution service or the court or with their mutual agreement.

Division 9a
Further measures to secure criminal prosecution and enforcement of sentence

Section 131
Alert for arrest

(1) The judge or the public prosecution office and, in exigent circumstances, its investigators (section 152 of the Courts Constitution Act) may issue an alert for arrest on the basis of a warrant for arrest or an order for placement.

(2) If the conditions are met for a warrant of arrest or an order for placement the issuance of which cannot be awaited without endangering the success of the investigations, the public prosecution office and its investigators (section 152 of the Courts Constitution Act) may order measures under subsection (1) if this is necessary for a provisional arrest. The decision on the issuance of a warrant of arrest or an order for placement is to be obtained without delay and at the latest within one week.

(3) In the case of an offence of substantial significance, the judge and the public prosecution office may, in the cases under subsections (1) and (2), also order public searches if other means of determining the accused’s whereabouts would offer much less prospect of success or would be much more difficult. In exigent circumstances and if the judge or the public prosecution office cannot be reached in time, the public prosecution office’s investigators (section 152 of the Courts Constitution Act) are also entitled to exercise this power, subject to the same conditions. In the cases under sentence 2, the decision of the public prosecution office must be obtained without delay. The order becomes ineffective if it is not confirmed within 24 hours.

(4) The accused is to be named and, where necessary, described as accurately as possible; an image may be attached. The offence of which the accused is suspected, the place and time of its commission, and circumstances which may be relevant for the accused’s apprehension may be indicated.

(5) Sections 115 and 115a apply accordingly.


Section 131a
Alert to determine whereabouts

(1) An alert may be issued requiring the determination of the whereabouts of an accused or of a witness if his or her whereabouts are not known.

(2) Subsection (1) also applies to alerts referring to the accused insofar as they are necessary to secure a driving licence, to carry out identification measures, to conduct a DNA analysis or to establish the accused’s identity.

(3) A public search may also be ordered in the case of an offence of substantial significance on the basis of an alert requiring determination of the whereabouts of an accused or of a witness if the accused is strongly suspected of having committed the offence and where other means of determining his or her whereabouts would offer much less prospect of success or would be much more difficult.

(4) Section 131 (4) applies accordingly. When determining the whereabouts of a witness it is to be made clear that the person sought is not the accused. No public search is carried out if overriding interests of the witness meriting protection present an obstacle thereto. Images of the witness may be used only if other means of determining his or her whereabouts would offer no prospect of success or would be much more difficult.

(5) The alerts referred to in subsections (1) and (2) may be issued in all search instruments used by the prosecuting authorities.


Section 131b
Publication of images of accused or witness

(1) The publication of images of an accused who is suspected of having committed an offence of substantial significance is also admissible if investigating an offence, in particular establishing the identity of an unknown offender, by other means would offer much less prospect of success or would be much more difficult.

(2) The publication of images of a witness and references to the criminal proceedings underlying such publication are also admissible if investigating an offence of substantial significance, in particular establishing the identity of the witness, by other means would offer no prospect of success or would be much more difficult. The publication must make it clear that the person in the image is not an accused person.

(3) Section 131 (4) sentence 1 half-sentence 1 and sentence 2 applies accordingly.


Section 131c
Order for and confirmation of searches

(1) Searches pursuant to section 131a (3) and section 131b may be ordered only by the judge and, in exigent circumstances, also by the public prosecution office and its investigators (section 152 of the Courts Constitution Act). Searches pursuant to section 131a (1) and (2) must be ordered by the public prosecution office; in exigent circumstances, they may also be ordered by its investigators (section 152 of the Courts Constitution Act).

(2) In cases of continuous publication in electronic media and in cases of repeated publication on television and in periodically printed matter, the order made by the public prosecution office and its investigators (section 152 of the Courts Constitution Act) pursuant to subsection (1) sentence 1 becomes ineffective if it is not confirmed by a judge within one week. In all other cases, search orders made by the public prosecution office’s investigators (section 152 of the Courts Constitution Act) become ineffective if they are not confirmed by the public prosecution office within one week.


Section 132
Provision of security; authorised recipient

(1) If an accused who is strongly suspected of having committed an offence has no permanent residence or residence within the territorial scope of this statute and the conditions for a warrant of arrest are not met, an order may be made so as to ensure that criminal proceedings are conducted to the effect that the accused

1. provide adequate security for the anticipated fine and the costs of the proceedings and
2. authorise a person residing within the district of the competent court to accept service.

Section 116a (1) applies accordingly.

(2) This order may be made only by the judge and, in exigent circumstances, also by the public prosecution office and its investigators (section 152 of the Courts Constitution Act).

(3) If the accused fails to comply with the order, means of transportation and other objects which the accused is carrying and which belong to him or her may be seized. Sections 94 and 98 apply accordingly.

Section 132a
Order for and revocation of provisional disqualification from exercising profession

(1) If there are cogent reasons to believe that disqualification from exercising a profession will be ordered (section 70 of the Criminal Code), the judge may make an order provisionally prohibiting the accused from exercising his or her profession, branch of profession, trade or branch of trade. Section 70 (3) of the Criminal Code applies accordingly.

(2) The provisional disqualification from exercising a profession is to be revoked if the reason therefor no longer exists or if the court does not order disqualification from exercising a profession in the judgment.