Organized crime: Initiative on reverse onus introduced

Justice Senator Felor Badenberg (CDU) has introduced a bill to introduce a reversal of the burden of proof in criminal asset recovery. (Archive photo)

In the fight against organized crime, Berlin wants to be able to secure assets from criminal activities more quickly with a Bundesrat initiative.

Senator for Justice Felor Badenberg hopes that a so-called reversal of the burden of proof will provide a basis for consistently and legally skimming off illegal profits. She presented a corresponding draft bill for this purpose. "We are reversing the logic where structures are systematically abused to conceal illegal activities," the CDU politician explained after the Senate meeting. 

Remaining doubts about the origin of assets no longer in favor of those concerned

In future, any remaining doubts as to whether assets originate from a criminal offense will no longer be automatically interpreted in favor of the person concerned, said Badenberg. On the contrary: if there is a gross disparity between the value of an item and the legal income of the person concerned, criminal origin will be presumed and the assets confiscated. Example: Valuable jewelry is found in the possession of a suspect with a criminal record who is receiving social welfare benefits; the person concerned claims to have inherited it. Or: At the capital's BER airport, 100,000 euros are found on a man who has been working in a mini-job for decades. In both cases, the individuals concerned were unable to provide any really plausible information about how the assets came into their possession. The assets were presumably derived from criminal activities, but could not be traced back to a specific crime.

Confiscation of funds currently only possible in cases of proven criminal offenses

Until now, law enforcement agencies have reached their limits in such cases. Whether it's real estate, expensive luxury cars, large amounts of cash, or cryptocurrencies, the confiscation of such items has only been possible if the authorities can prove beyond a doubt that they originate from criminal activities. According to Badenberg, this is a complex and lengthy process. Ultimately, despite serious evidence, doubts remained as to whether the assets had been obtained through criminal activity – and the corresponding proceedings ended in favor of those affected.

Reversal of the burden of proof through amendments to the Code of Criminal Procedure and the Criminal Code

The introduction of a reversal of the burden of proof will change this, according to Badenberg. The draft law stipulates that assets can be confiscated in such cases. There is a "legal presumption" that the assets were acquired illegally – the person concerned must then prove that this is not the case. According to Badenberg, the specific regulations mainly relate to changes in the Code of Criminal Procedure and the Criminal Code. The fight against organized crime is one of Badenberg's priorities. She works closely with Interior Senator Iris Spranger (SPD) in this area, according to the senator.