C. Asset Recovery Specific C.1. Stage of Proceedings at Which Assistance may be Requested •
MLA may be provided as soon as an investigation for a criminal offense has been initiated in the requesting country.
Tracing C.2. Available Tracing Mechanisms •
LIACM Section 67 subsection 2 allows search and seizing orders for evidentiary purposes if dual criminality is met. Search and seizing warrants may generally be issued only by the courts. In exceptional circumstances, the prosecutor may order search and seizing measures without court involvement. • LIACM Section 66 subsection 1 allows surrender of property and documents that may serve as evidence in foreign proceedings; that was obtained for or from the offense forming the basis of the request or as a result of the sale of an object obtained for or from the offense forming the basis of the request; or that was obtained as compensation for the destruction, damage, or withdrawal of such property; or that emanated from or were used or intended for use in the commission or preparation of the offense forming the basis of the request. The measure is subject to dual criminality and may be taken only if the requesting authority submits a seizing order for the property or a declaration showing that the requirements for seizure would be met under the law of the requesting state and if there is no final and enforceable foreign ruling pertaining to the property.
C.3. Access to Information Covered by Banking or Professional Secrecy • Under German law, “banking secrecy” does not preclude the provision of MLA in criminal matters. Provisional Measures (Freezing, Seizing, and Restraint Orders) C.4. Direct Enforcement of Foreign Freezing and Seizing Orders • Pursuant to LIACM Article 66 subsection 1, foreign seizing orders may be applied directly in Germany if dual criminality is met. C.5. Issuance of Domestic Provisional Measures upon Request by a Foreign Jurisdiction •
Legal basis: AIMC Section 66 subsection 1; LIACM Section 58 in combination with Section 111b to 111d of the Code of Criminal Procedure. • Procedure: Foreign countries may request securing measures in Germany (securing of objects through seizure, and in rem attachment of property) to prepare a confiscation in the requesting country. Appendix B
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