Particle.news

Download on the App Store

Berlin Justice Senator Proposes Burden Shift for Confiscating Criminal Assets

A legal opinion due in September will examine whether suspects should have to prove their assets were lawfully obtained

Image

Overview

  • Berlin Justice Senator Felor Badenberg is preparing further regulations to strengthen the confiscation of assets tied to organized crime
  • She has ordered a legal opinion from three experts on reversing the burden of proof for asset seizures, with findings due in September
  • Under the proposed reversal, suspects would be required to prove their wealth was lawfully obtained, shifting the current prosecutorial obligation
  • The initiative draws on Italy’s use of proof reversal against the Mafia and aims to expand Germany’s tools against clan crime
  • Berlin confiscated €8.6 million in illicit assets in 2024 and has already adopted a 'permanent pinpricks' protocol to disrupt criminal networks