Part 4
Mutual Assistance through the Execution of Decisions and Orders of the Court
§ 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.
Competent national judicial authority
EDIT.