Abstract

In transnational cases, complex legal questions arise regarding the confiscation of proceeds of crime. It is largely unresearched to what extent foreign non-conviction-based confiscation orders can be executed in Germany. The scope of international legal assistance in German law and mutual recognition within the EU varies depending on the features of the confiscation order in question. To encompass the diverse international concepts, this book develops common models of non-conviction-based confiscation on the basis of recurring characteristics. Based on these models, it provides a comprehensive analysis of the limits to the enforcement of foreign confiscation orders in Germany, such as provisions regarding ne bis in idem and ordre public.

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