Fiches Belges

General requirements: A secured object is surrendered to the injured party if that party’s right of ownership in the item of property is not contested. The return of confiscated proceeds of crime is permissible; the law of the issuing state within the meaning of Regulation (EU) 2018/1805 applies. If it is not possible to return a specific item of property, then the proceeds of enforcement may be paid out. Information concerning the order for the return of confiscated items of property is to be included in the freezing certificate or sent to the public prosecution office which is competent in respect of enforcement. The decision relating to the return of confiscated assets is to be included with the confiscation certificate or subsequently sent to the public prosecution office which is competent in respect of enforcement. The Land departments of justice (Landesjustizverwaltungen) or one of their subordinate agencies are responsible for administering secured or confiscated assets.

Regulation (EU) 2018/1805 of the European Parliament and the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders issued in respect of participant Member States. - Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (Art. 8). - European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters

Information on the order to return seized items of property must be included in the freezing certificate or be addressed to the Public Prosecution Office competent for enforcement. The decision to return confiscated items of property must be included in the freezing certificate or be addressed to the Public Prosecution Office competent for enforcement at a later date

Incoming freezing and confiscation certificates are only accepted in German, as per Regulation (EU) 1805/2018.

There is no rule on deadlines for the execution of requests for the return of frozen assets to injured parties.