Section 61a
Data transmission without request

(1) The courts and public prosecution offices may transmit personal data resulting from investigations in criminal proceedings to public agencies in other states and to intergovernmental and supranational agencies without a request if

1. transmission to a German court or German public prosecution office would be permissible without a request,

2. there are facts justifying the assumption that transmission is necessary
a) to prepare a request made by the receiving state for assistance in proceedings leading to criminal prosecution or to enforcement of a penalty on account of an offence which is punishable within the area of application of this Act by a maximum sentence of imprisonment of more than five years and the conditions for rendering assistance upon request would be met if such a request were made or
b) to avert a risk, in an individual case, to the existence or security of the state, or to the life, limb or liberty of a person or items of considerable value whose preservation is in the public interest, or to prevent an offence of the kind referred to in letter (a) and

3. the agency to which the data are being transmitted is responsible for the measure to be taken in accordance with no. 2.

Where an appropriate level of data protection is guaranteed in the receiving state, sentence 1 no. 2 (a) applies, with the proviso that an offence which is punishable within the area of application of this Act by a maximum sentence of imprisonment of more than five years is replaced by an especially serious criminal offence.

(2) The data transmission is to be linked to the condition that
a) the time limits for deletion or for the review of deletion applicable under German law are to be complied with,
b) the transmitted data may only be used for the purpose for which they were transmitted and
c) the transmitted data are to be deleted without delay or to be rectified in the case of notification pursuant to subsection (4).

(3) No data are to be transmitted if it is clear to the court or to the public prosecution office that – even considering the special public interest in data transmission – the data subject’s legitimate interests in the data not being transmitted prevail in an individual case; the data subject’s legitimate interests include the existence of an appropriate level of data protection in the receiving state.

(4) If it transpires that personal data which ought not to have been transmitted or incorrect personal data were transmitted, the recipient is to be notified thereof without delay.

Part 10
Other mutual assistance matters with Member States of European Union

Division 1 General provisions
Section 91 Precedence of Part 10

(1) In the absence of special provision made under this Part, the remaining provisions of this Act apply to other mutual assistance matters with the Member States of the European Union.

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

(3) Sections 92 to 92b also apply, within the context of mutual assistance matters, to states which apply the provisions of the Schengen acquis on the basis of an association agreement with the European Union on the implementation, application and development of the Schengen acquis (Schengen Associated States).


Division 2 European Investigation Order
Section 91a Principle

(1) Other types of mutual assistance rendered to another Member State of the European Union under Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ L 130, 1.5.2014, p. 1; OJ L 143, 9.6.2015, p. 16) (European Investigation Order Directive) are governed by the provisions of this Division.

(2) This Division does not apply to
1. the establishment of joint investigation teams and the gathering of evidence by such teams,
2. cross-border surveillance and
3. the hearing of an accused by telephone conference.

(3) The securing of evidence for or by another Member State of the European Union is governed by subsection (1). Sections 94 to 96 apply to the securing of property for the purpose of confiscation, unless the Freezing and Confiscation Regulation applies.

(4) The provisions of Part 1 and Parts 5 to 7, as well as the general and special provisions of this Part apply
1. in the absence of special provision made under this Part or
2. if a request was not made in accordance with the provisions of the European Investigation Order Directive.


Section 91b
Conditions governing permissibility

(1)  The rendering of mutual assistance is not permissible,
1. if it, by law, requires specially designated criminal offences or offences of a certain degree of severity, and the offence giving rise to the request does not meet the requirements even, where applicable, in the case of analogous conversion of the facts or
2. insofar as
a) rights to refuse to give evidence or information, in particular those set out in section 52, 53 or 55 of the Code of Criminal Procedure or provisions which make reference to them, pose an obstacle thereto or
b) one of the provisions referred to in section 77 (2) of this Act or in sections 18 to 20 of the Courts Constitution Act take effect.

(2)  A request in connection with taxes, duties, customs duties or currency exchange activities is also permissible even if German law does not contain the same kind of provisions on taxes, duties, customs duties and currency exchange activities as the law of the requesting Member State.

(3) Section 73 sentence 2 applies, with the proviso that the rendering of mutual assistance is not permissible if there is justified reason to believe that executing the request would not be compatible with the obligations which the Federal Republic of Germany is under pursuant to Article 6 of the Treaty on European Union and the Charter of Fundamental Rights of the European Union.

(4) Section 66 (2) no. 1 and section 67 (1) and (2) apply, with the proviso that no double criminality check is carried out if, under the law of the requesting Member State, the offence giving rise to the request belongs to one of the categories of offences listed in Annex D to the European Investigation Order Directive and is punishable by a sentence of imprisonment or a measure of reform and prevention involving deprivation of liberty of a maximum of at least three years.

(5) If the rendering of mutual assistance is not permissible, the competent agency in the requesting Member State must be notified thereof without delay. Notification is to be made in a form which permits the production of a written record.


Section 91c
Additional conditions governing permissibility for special types of mutual assistance

(1) Hearings by audio-visual means pursuant to section 61c are not permissible unless the person to be heard consents thereto.

(2) Mutual assistance may only be rendered where, in addition to the conditions referred to in section 91b (1), (3) or (4), the conditions under which German courts or German authorities are permitted to render mutual assistance in accordance with section 59 (3) are met in the case of

1. requests made in the context of proceedings under section 1 (2) or 2. requests for
a) information in respect of accounts held at a financial institution within the meaning of Article 3 no. 2 of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73) whose head office is in Germany,
b) information about individual account activities or other business conducted in connection with an account as referred to in letter (a) or
c) investigative measures of a specific duration, in particular requests for
aa) the monitoring of individual account activities or other business conducted via an account held at a bank within the meaning of section 1 (1) of the Banking Act (Kreditwesengesetz) or at a financial institution within the meaning of letter (a),
bb) the making of controlled deliveries,
cc) the use of covert investigators or
dd) the interception of telecommunications.

(3) Section 62 (1) applies, with the proviso that a person may also be transferred temporarily for the purpose of investigative measures other than those referred to therein. Section 62 (1) sentence 1 no. 3, also in conjunction with section 63 (4), does not apply if the person concerned was transferred to the territorial scope of the requesting Member State or to the area of application of this Act and, having had the opportunity to leave that territorial scope for a period of 15 consecutive days from the date when his or her presence was no longer required by the competent agencies, did not do so or returned there after leaving.

(4) Section 91b (5) applies accordingly.


Section 91d Documentation

(1) The rendering of mutual assistance is only permissible if the requesting Member State uses the form in Annex A or Annex C of the European Investigation Order Directive, as amended, to make its request and the request
1. has been issued by a judicial authority within the meaning of Article 2 (c) (i) of the European Investigation Order Directive or
2. has been issued by an authority other than that referred to in no. 1 which the requesting Member State has designated as competent therefor and it has been confirmed by an authority pursuant to Section L no. 1 of the form in Annex A of the European Investigation Order Directive.

(2) Receipt of a request made in accordance with subsection (1) is to be confirmed without delay, but no later than one week following its receipt by the competent agency, by means of confirmation of receipt which corresponds to the form in Annex B of the European Investigation Order Directive, as amended. Where a request has been received by an agency which is not competent in the matter, it is to be forwarded to the competent agency; the requesting agency is to be notified of such forwarding as per sentence 1.

(3) If the form referred to in subsection (1) is incomplete or manifestly incorrect and mutual assistance cannot therefore be rendered, the competent agency in the requesting Member State must be notified thereof without delay. Notification is, as a general rule, to be made in a form which permits the production of a written record.


Section 91e
Authorisation; obstacles to authorisation; deferring authorisation

(1) Authorisation of the rendering of mutual assistance may only be refused if at least one of the following grounds exists:
1. authorisation would prejudice essential security interests of the Federation or of the Länder, would jeopardise the sources of information or necessitate the use of classified information relating to specific intelligence activities,

2. final judgment has already been passed upon the person pursued in a Member State other than the requesting Member State for the same offence which gave rise to the request and, in the event of conviction, the sanction has already been enforced, is currently being enforced or can no longer be enforced under the law of the sentencing state,

3. the offence giving rise to the request
a) was committed outside of the requesting Member State’s sovereign territory and in full or in part in Germany or on one of the means of transport referred to in section 4 of the Criminal Code and
b) is punishable under German law neither as a criminal offence by imposition of a penalty nor as a regulatory offence by imposition of an administrative fine,

4. where, in the case of requests for the temporary transfer of persons from the requesting Member State for proceedings which are pending there pursuant to section 63, the detained person does not consent to the temporary transfer,

5. if, in the case of a request for the use of covert investigators, no agreement can be reached with the requesting Member State in respect of the length of the operation, its precise conditions or the investigators’ legal status.

(2)  Authorisation of the rendering of mutual assistance may be deferred if
1. it might interfere with ongoing criminal investigations or
2. the evidence being requested is already being used in other proceedings.

(3)  Reasons are to be given for decisions relating to authorisation or to the deferment of authorisation.

(4)  The competent agency in the requesting Member State is to be notified without delay of any decisions taken pursuant to subsection (1) or (2). In the case of decisions pursuant to subsection (2), the reasons for the delay are to be stated; the expected length of the delay is, as a general rule, to be stated. Section 91b (5) sentence 2 applies accordingly.


Section 91f
Recourse to other investigative measures

(1) Where a less intrusive investigative measure than that indicated in the request referred to in section 91d (1) is available, then that less intrusive measure is to be taken if the same outcome can be achieved as with the investigative measure indicated in the request.

(2) Recourse is to be taken to an investigative measure other than that indicated in a request referred to in section 91d (1) if the investigative measure indicated
1. is not provided for under German law or
2. would not be available in a comparable domestic case.

(3)  Reasons are to be given for decisions given pursuant to subsections (1) and (2).

(4)  Before taking recourse to another investigative measure under the terms of subsection (1) or (2), the competent agency in the requesting Member State is to be notified without delay. Section 91b (5) sentence 2 applies accordingly.

(5) If, in the case under subsection (2), no other investigative measure is available which can achieve the same outcome as that stated in the request in accordance with section 91d (1), the competent agency in the requesting Member State is to be notified, without delay, of the fact that it was not possible to render the requested assistance. Section 91b (5) sentence 2 applies accordingly.


Section 91g Time limits

(1) A decision on the authorising of mutual assistance is, as a general rule, to be taken without delay, but no later than 30 days after the competent agency receives the request. A decision on authorising requests for the securing of evidence is, as a general rule, to be taken without delay and, where possible, within 24 hours after receipt of the request.

(2) Where there are no grounds for delay pursuant to section 91e (2) or the authority is not already in possession of the evidence requested, the investigative measure is, as a general rule, to be executed without delay, but no later than 90 days after authorisation is given.

(3) Particular requests on the part of the competent agency in the requesting Member State requiring that shorter time limits than those specified in subsection (1) or (2) be complied with or that the investigative measure be carried out at a specific point in time are to be complied with as far as possible.

(4) If the time limit specified in subsection (1) sentence 1 or the particular requests referred to in subsection (3) cannot be complied with for practical reasons, the competent agency in the requesting Member State is to be notified thereof without delay. The reasons and the likely length of the delay are to be stated. Section 91d (3) sentence 2 applies accordingly. The time limit specified in subsection (1) sentence 1 may be extended by a maximum of 30 days.

(5) If the time limit specified in subsection (2) cannot be complied with for practical reasons, the competent agency in the requesting Member State is to be notified thereof without delay. The reasons for the delay are to be stated. Section 91d (3) sentence 2 applies accordingly. A suitable time for the carrying out of the investigative measure is to be agreed with the competent agency in the requesting Member State.

(6) Where requests relate to the cross-border interception of telecommunications which do not require technical assistance from the Federal Republic of Germany to carry out that interception, and the investigative measure would not be authorised in a comparable domestic case, the competent agency in the requesting Member State is to be notified thereof without delay, but no later than 96 hours following receipt of the request, that
1. the interception cannot be carried out or is to be terminated and
2. intelligence which has already been gathered while the surveilled person was in the territorial jurisdiction of the Federal Republic of Germany may not be used or only subject to conditions; the conditions and reasons therefor must be notified.

Section 91d (3) sentence 2 applies accordingly.


Section 91h Executing requests

(1) If the conditions for rendering mutual assistance are met, a request as set out in section 91d (1) is to be executed under the same terms as would apply if the request had been made by a German agency; this also applies to measures of compulsion which become necessary in the course of executing the request.

(2) Unless otherwise provided under the European Investigation Order Directive and no core principles of the German legal system pose an obstacle thereto,
1. special formal or procedural requirements indicated in the request as set out in section 91d (1) must be complied with and
2. requests made by authorities in the requesting Member State to participate in an official act are to be complied with.

If special formal or procedural requirements as referred to in sentence 1 no. 1 or requests as referred to in sentence 1 no. 2 cannot be complied with, the competent agency in the requesting Member State is to be notified thereof without delay; section 91d (3) sentence 2 applies accordingly.

(3) Hearings by audio-visual means pursuant to section 61c are conducted under the direction of the competent agency and on the basis of the law applicable in the requesting Member State. The competent German agency participates in the hearing, establishes the identity of the person to be heard and ensures that the core principles of the German legal system are abided by. Accused persons are to be instructed at the start of the hearing about their rights under the law of the requesting Member State and under German procedural law. Witnesses and expert witnesses are to be instructed about those rights to refuse to give evidence or information which they have under the law of the requesting Member State and under German procedural law.

(4) Subsection (3) sentences 1, 2 and 4 applies accordingly to the hearing of witnesses or expert witnesses by telephone.


Section 91i
Appeals; suspending transmission of evidence

(1) Where a submission is made as specified in section 61 (1) sentence 1 or an application is made as specified in section 61 (1) sentence 2, the higher regional court also reviews, upon application, the decisions referred to in section 91e (3) and in section 91f (1) and (2). Where the decisions referred to in section 91e (3) were based on an abuse of discretionary powers, the court makes such a determination, reverses the decisions to that extent and returns the files for a new decision, in which due consideration must be given to the court’s legal opinion; otherwise, the court finds that discretionary powers were properly exercised.

(2) The transmission of evidence to the requesting Member State may be suspended until a decision is given on an appeal which was filed
1. in the requesting Member State against the issuing of a European Investigation Order or
2. within the area of application of this Act.

(3) It is for the competent agency in the requesting Member State to give notification about any appeals filed pursuant to subsection (2) no. 2; section 91d (3) sentence 2 applies accordingly.


Section 91j Outgoing requests

(1) Outgoing requests are to be made using the form in Annex A or Annex C of the European Investigation Order Directive, as amended.

(2) If a request is made by an administrative authority in proceedings in accordance with section 1 (2), then before that request is transmitted to the requested Member State it is to be submitted to the public prosecution office for confirmation in accordance with Section L in the form in Annex A of the European Investigation Order Directive. Local jurisdiction lies with the public prosecution office at that regional court in whose district the administrative authority has its seat. The Länder may delegate their jurisdiction under sentence 1 to a court or may issue rules concerning local jurisdiction under sentence 2 in another manner.

(3) Confirmation as referred to in subsection (2) is given once the public prosecution office or the court determined in accordance with subsection (2) sentence 3 finds that the conditions for issuing the request are met, in particular that
1. the request satisfies the principle of proportionality and
2. it would be possible to order the investigative measure indicated in the request under the same conditions in a comparable domestic case.

(4) Where, in proceedings under section 1 (2), the right to order the measure is reserved to the judge, the confirmation in accordance with subsections (2) and (3) may also be signed by the court seised of the matter, if so provided by the Länder.

(5) Section 69 applies, with the proviso that a person may also be temporarily transferred for the purpose of investigative measures other than those indicated therein. Section 62 (1) sentence 1 no. 3, in conjunction with section 69 (3) or section 70 sentence 1, does not apply if the person concerned was transferred to the area of application of this Act or to the territorial scope of the requested Member State and had the opportunity to leave that territorial scope but did not do so within 15 consecutive days after the competent agencies no longer required his or her presence, or returned there after leaving.


Division 3
Special types of mutual assistance

Section 92
Transmission of information, including personal data, to Member States of European Union

(1) The competent federal and Land police authorities may transmit information, including personal data, for the purpose of prosecuting criminal offences upon a request made by a law enforcement authority in a Member State of the European Union in accordance with the provisions of Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89; OJ L 75, 15.3.2007, p. 26). Such transmission is effected under the same statutory conditions as apply to a German police authority. The provisions of section 3 of the Federal Criminal Police Office Act on international cooperation between the federal and Land police authorities remain unaffected.

(2) When transmitting information in accordance with subsection (1), notification is to be included that it is not permissible to use the information as evidence in court proceedings, unless the authorising authority which is competent to give decisions on requests under Part 5 has consented to such use as evidence. The authority competent to give decisions on requests under Part 5 also decides accordingly on requests for the subsequent authorisation of the use of such information as evidence.

(3) The transmission of information, including personal data, in accordance with subsection (1) is not permissible if
1. this would prejudice essential security interests of the Federation or of the Länder,
2. the data to be transmitted are not held by the requested authority and can only be obtained by taking measures of compulsion or
3. transmission of the data would be disproportionate or the data are not required for the purpose for which they are to be transmitted.

(4)  Authorisation of a request as referred to in subsection (1) may be refused if
1. the data to be transmitted are not held by the requested authority but can be obtained without taking measures of compulsion or
2. the success of ongoing investigations or a person’s life, limb or liberty would be endangered thereby or
3. the offence for the prosecution of which the data are to be transmitted is punishable, under German law, by a sentence of imprisonment of a maximum of one year or less.

(5)  A ʻlaw enforcement authority in a Member State of the European Unionʼ within the meaning of subsection (1) is any agency designated by that state in accordance with Article 2 (a) of Council Framework Decision 2006/960/JHA.


Section 92a Content of request

A request within the meaning of section 92 (1) sentence 1 may only be authorised if the request indicates the following particulars:
1. the name and address of the requesting law enforcement authority,
2. a designation of the criminal offence for the prosecution of which the data are required,
3. a description of the facts of the criminal offence giving rise to the request,
4. the purpose for which the data are being requested,
5. the link between the purpose for which the information or intelligence is being requested and the person to whom that information relates,
6. details on the identity of the accused insofar as the investigations are being conducted against a known person and
7. reasons to believe that useful information and intelligence are available in Germany.


Section 92b
Use of information, including personal data, transmitted under Council Framework Decision 2006/960/JHA

Information, including personal data, transmitted under Council Framework Decision 2006/960/JHA to a German police authority may only be used for those purposes for which the transmission was effected or to avert a current and substantial threat to public security. It may only be used for another purpose or as evidence in court proceedings if the transmitting state has consented thereto. Conditions imposed by the transmitting state in respect of the use of such data are to be complied with.


Section 92c
Data transmission without request

(1) Insofar as provided for by an agreement under international law or in accordance with the provisions of Council Framework Decision 2006/960/JHA, public agencies may, without a request, transmit to public agencies in another Member State of the European Union or of a Schengen Associated State, as well as to the organs and institutions of the European Union personal data giving rise to the suspicion that a criminal offence has been committed if

1. transmission to a German court or a German public prosecution office would also be permissible without a request and

2. the transmission is suited to
a) instituting criminal proceedings in the other Member State or
b) moving forward criminal proceedings which have been instituted there and

3. the agency to which the data are transmitted is responsible for the measures to be taken in accordance with no. 2.

(2) Section 61a (2) to (4) applies accordingly.


Section 92d
Local jurisdiction for requests for interception of telecommunications without technical assistance; authorisation to issue statutory instrument

(1) Local jurisdiction for requests made by Member States of the European Union concerning the cross-border interception of telecommunications without there being any need for technical assistance from the Federal Republic of Germany to carry out the interception lies with

1. the competent court at the seat of the Land government of Baden-Württemberg in the case of requests received from the Republic of France, the Republic of Spain and the Republic of Portugal;

2. the competent court at the seat of the Land government of the Free State of Bavaria in the case of requests received from the Republic of Italy, the Republic of Croatia, the Republic of Malta, the Republic of Austria and the Republic of Slovenia;

3. the competent court at the seat of the Berlin Senate in the case of requests received from the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania;

4. the competent court at the seat of the Land government of Brandenburg in the case of requests received from the Republic of Poland;

5. the competent court at the seat of the Senate of the Free Hanseatic City of Bremen in the case of requests received from the Republic of Ireland;

6. the competent court at the seat of the Senate of the Free and Hanseatic City of Hamburg in the case of requests received from the Kingdom of Sweden;

7. the competent court at the seat of the Land government of Hesse in the case of requests received from the Republic of Bulgaria and from Romania;

8. the competent court at the seat of the Land government of Mecklenburg-Western Pomerania in the case of requests received from the Republic of Finland;

9. the competent court at the seat of the Land government of Lower Saxony in the case of requests received from the United Kingdom of Great Britain and Northern Ireland;

10. the competent court at the seat of the Land government of North Rhine-Westphalia in the case of requests received from the Kingdom of the Netherlands;

11. the competent court at the seat of the Land government of Rhineland-Palatinate in the case of requests received from the Kingdom of Belgium;

12. the competent court at the seat of the Land government of Saarland in the case of requests received from the Grand Duchy of Luxembourg;

13. the competent court at the seat of the Land government of the Free State of Saxony in the case of requests received from the Republic of Slovakia and from the Czech Republic;

14. the competent court at the seat of the Land government of Saxony-Anhalt in the case of requests received from Hungary;

15. the competent court at the seat of the Land government of Schleswig-Holstein in the case of requests received from the Kingdom of Denmark;

16. the competent court at the seat of the Land government of the Free State of Thuringia in the case of requests received from the Hellenic Republic and the Republic of Cyprus.

(2) The Land governments may, by way of statutory instrument, set deviating regulations in respect of local jurisdiction. The Land governments may, by way of statutory instrument, delegate this authorisation to the Land departments of justice.


Section 93
Joint investigation teams

(1) A team member seconded by a Member State of the European Union to a joint investigation team may be entrusted with carrying out investigative measures under the direction of the competent German team member provided this has been authorised by the seconding Member State.

(2) Other persons may be permitted to participate in a joint investigation team pursuant to the legal provisions applicable in the participating Member States or an agreement reached by them.

(3) Officers working in a joint investigation team may directly transmit information, including personal data, obtained in the course of carrying out their official duties to the team members seconded by the other Member States or to other team members insofar as this is necessary for the work of the joint investigation team.

(4) If transmission of information obtained under the condition of subsection (3) requires a special agreement on further processing for another purpose, then it is permissible if it would be possible to authorise a request for the use of the information.


Section 94
Request for freezing, seizure and search

(1) Outside of the area of application of the Freezing and Confiscation Regulation, section 58 (3) and section 67 apply to requests made in accordance with the provisions of Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (OJ L 196, 2.8.2003, p. 45), as amended by Regulation (EU) 2018/1805 (OJ L 303, 28.11.2018, p. 1) (Framework Decision on Freezing of Property or Evidence), whereby

1. no double criminality check is carried out if the offence giving rise to the request is punishable, under the law of the requesting state, by a sentence of imprisonment of a maximum of at least three years and belongs to one of the categories of offences listed in Article 3 (2) the Framework Decision on Freezing of Property or Evidence,

2. a request in relation to taxes, duties, customs duties and currency exchange activities is also permissible even if German law does not impose the same kind of taxes or does not contain the same kind of provisions on taxes, duties, customs duties and currency exchange activities as the law of the requesting Member State.

(2) Authorisation of requests referred to in subsection (1) is not permissible if

1. a ban on confiscation pursuant to section 77 (1) in conjunction with section 97 of the Code of Criminal Procedure has been imposed or

2. final judgment has already been passed upon the person pursued in a Member State other than the requesting Member State for the same offence which gave rise to the request, provided that, in the case of conviction, the sanction has already been enforced, is currently being enforced or can no longer be enforced under the law of the sentencing state.

This does not apply if the request serves the purpose of preparing an order for confiscation and such a measure could be independently ordered under section 76a of the Criminal Code.

(3) Authorisation of requests for measures as set out in section 58 (3) and section 67 may be deferred as long as

1. they might compromise ongoing criminal investigations and

2. the property to which the request refers has been confiscated or frozen for other criminal proceedings.


Section 95 Documentation relating to freezing

(1) Authorisation of requests in accordance with the provisions of the Framework Decision on Freezing of Property or Evidence is only permissible upon submission of a freezing order together with a certificate which indicates the following particulars:

1. the name and address of the issuing judicial authority,
2. a description of the property or evidence to which the request for freezing relates,
3. as precise a description as possible of the natural or legal person suspected of having committed the criminal offence under the provisions of the law of the requesting state,
4. a description of the grounds for the freezing order,
5. a description of the circumstances of the commission of the criminal offence, including the time and place of commission, and
6. the nature and legal assessment of the criminal offence, including the statutory provisions on the basis of which the freezing order was made.

(2) If the certificate referred to in subsection (1) was not submitted upon the making of the request or it is incomplete or manifestly does not correspond to the freezing order, the competent authority may set a time limit for its submission, completion or correction. If the certificate referred to in subsection (1) is incomplete but the required particulars can be drawn from the freezing order, the competent authority may waive the need to submit a completed certificate.


Section 96
Obligation to authorise freezing measures

Requests made by a Member State which are permissible under sections 94 and 95 are to be authorised. If a request is refused for lack of permissibility, reasons must be given for that decision.