Sammlung von Gerichtsentscheidungen zur Präventiven Gewinnabschöpfung (PräGe): Volltexte, Leitsätze

Preventive asset forfeiture (PräGe) serves to confiscate obviously criminal profits using preventive measures after the conclusion of criminal investigation proceedings, in order to a) protect the property rights of legitimate claimants (property protection) and/or b) remove items from the criminal cycle (prevention of an imminent danger). The proceeds from the seized and subsequently stored items (objects, cash) go to the treasury, provided that after the expiration of the statutory deadlines, no owners or other entitled parties can be identified and/or the items were seized to prevent an imminent danger. Fiscal exploitation is of secondary importance in the event of non-return. In recent years, the option of PräGe has been increasingly utilized in most federal states, and consequently, administrative courts (1st and 2nd instance) have increasingly ruled on these proceedings through judgments and decisions. This monograph is structured as follows: I. Seizure of non-cash items, II. Seizure of cash, III. Seizure of non-cash items and cash in the same proceedings, IV. Treatment of book money.