Spans in 'Germany - Criminal Code' tagged with 'Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders'

'Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders' in document 'Germany - Criminal Code'

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More information about the keyword 'Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders'
More information about the document 'Germany - Criminal Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER THREE
SANCTIONS

SEVENTH TITLE
CONFISCATION AND DEPRIVATION ORDERS

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.

GENERAL PART

CHAPTER THREE
SANCTIONS

SEVENTH TITLE
CONFISCATION AND DEPRIVATION ORDERS

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.

RELEVANT ROME STATUTE PROVISIONS

Article 109
Enforcement of fines and forfeiture measures
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.