Part 5
Additional Mutual Assistance


§ 52
Search and Seizure, Asset Seizure

(1) Objects, the surrender of which to the Court is under consideration, may be seized or otherwise secured even prior to receipt of the request for release. To this end, a search may also be undertaken.

(2) Objects may, under the prerequisites set forth in § 51 para. 1 number 1, also be seized or otherwise secured when necessary for the fulfillment of a request that is not directed at the surrender of the object. Para. 1 sentence 2 applies mutatis mutandis.

(3) Notwithstanding the provisions of § 49 para. 3 and 4, when there is imminent danger the public prosecution office and its auxiliary officials (§ 152 Judicature Act) are authorized to order search and seizure in accordance with the provisions of the Criminal Procedure Code.

(4) Regardless of the existence of the prerequisites of § 51 para. 1 number 1 or 2, upon request of the Court, property located within Germany or individual objects of property of an affected party against whom the charge (Anklage) confirms (Article 61 of the Rome Statute) a criminal act within Article 5 of the Rome Statute or against whom an arrest warrant has been issued (Article 58 of the Rome Statute) may be seized or attached. § 51 para. 2 number 1 applies mutatis mutandis. Seizure includes property that is later received by the accused. Para. 1 sentence 2 applies mutatis mutandis.

(5) Notwithstanding the provisions in § 49 para. 3 and 4, when there is imminent danger the public prosecution office may issue a provisional order of seizure pursuant to para. 4. The provisional order under sentence 1 becomes ineffective when it is not confirmed by the court within three days.

(6) Seizure pursuant to para. 4 shall be revoked upon request of the Court, at the latest, however, after the court that ordered the seizure has learned that the arrest warrant was revoked or that the proceeding was ended in the first instance. §§ 291, 292, and 293 para. 2 of the Criminal Procedure Code apply mutatis mutandis to seizures pursuant to para. 4 or para. 5.