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“Confiscation as a strategy to combat corruption in Germany: interpretation from case law” by Margarita Roig Torres.

  • February 20th, 2019
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In Germany, the deprivation of criminal assets is achieved through two means: the confiscation (Verfall) of illicit profits, and the confiscation (Einziehung) of the products and objects used in the preparation or execution of the act. With regard to the first, prudence affirms that it is not a penalty or a sanction assimilated to it, but a measure for the organisation of the heritage and the stabilisation of the norm, while the second is an accessory penalty.

The "gross principle" (Bruttoprinzip) governs the confiscation, so that what is illegally obtained is confiscated without deducting the costs of execution.

 

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