Berlin plans radical shift to seize criminal assets faster by reversing burden of proof
Berlin is pushing for tougher laws to seize criminal assets more quickly. Justice Senator Felor Badenberg (CDU) wants to reverse the burden of proof, making it easier for authorities to confiscate illicit gains. The move comes as part of a broader effort to crack down on organised crime.
Under current rules, law enforcement struggles to seize assets due to strict evidence requirements. Many cases collapse because prosecutors cannot prove beyond doubt that wealth came from illegal activity. Badenberg argues that shifting the burden of proof would create a stronger legal framework for confiscations.
The proposed change would introduce a 'legal presumption' of criminal origins. If an individual's assets far exceed their lawful income, authorities could seize them unless the owner proves otherwise. This approach mirrors measures already in place in some EU countries, where discrepancies in wealth trigger automatic investigations.
Since the 2017 reform of Germany's asset confiscation laws, seizures have risen sharply. Nationwide confiscations jumped from €28 million in 2017 to over €100 million annually by 2025. The reforms standardised procedures across federal states, speeding up judicial processes and expanding pre-trial seizure powers. Berlin and North Rhine-Westphalia have seen particularly strong results, targeting crime clans and drug networks.
The Police Union (GdP) has welcomed the new initiative as a 'true game-changer'. Even after the 2017 reforms, gaps remained in tackling organised crime. The latest proposals focus on amendments to the Code of Criminal Procedure and the Criminal Code.
Badenberg is working closely with Interior Senator Iris Spranger (SPD) to prioritise the fight against organised crime. Both believe faster asset seizures will disrupt criminal operations more effectively.
The proposed law would mark a significant shift in how Germany handles illicit wealth. By reversing the burden of proof, authorities could seize assets more swiftly and reduce the legal obstacles that currently protect criminal gains. The changes aim to strengthen enforcement against organised crime networks across the country.
Read also:
- American teenagers taking up farming roles previously filled by immigrants, a concept revisited from 1965's labor market shift.
- Weekly affairs in the German Federal Parliament (Bundestag)
- Landslide claims seven lives, injures six individuals while they work to restore a water channel in the northern region of Pakistan
- Escalating conflict in Sudan has prompted the United Nations to announce a critical gender crisis, highlighting the disproportionate impact of the ongoing violence on women and girls.
