Germany

Criminal Code (Strafgesetzbuch, StGB)

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.

Keywords

Enforcement of forfeiture orders
Enforcement of sentences imposed
Enforcement of national penalties - forfeiture orders



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