Attachment and confiscation of assets

# Defence against confiscation

The law provides for the possibility of temporarily “freezing” the assets of a defendant already at the beginning of criminal proceedings in order to secure them for later access by potentially injured parties or authorities. This option under criminal procedure is called attachment. For the person concerned, an attachment order can quickly endanger their existence, as there is a risk that even the order of in formal terms merely temporary measures – such as the temporary freezing of bank accounts – will cause irreparable economic damage because, for example, supplier receivables can no longer be paid for. In extreme cases, the consequence of such a development is insolvency.

In defence, it is therefore important to recognize the risk of arrest at an early stage and to avert such orders as far as possible by taking appropriate measures. If such measures are already being enforced, the defence must work towards their abolition and, if necessary, also file appropriate appeals. In certain cases, pragmatic solutions can be developed through negotiations with law enforcement authorities that take into account the commercial concerns and constraints of the affected party while respecting the security interest of the authorities.