Einziehung ohne Verurteilung?

As an interface between constitutional and criminal law, this work addresses the legal framework of non-conviction-based confiscation in German law. It focuses on the question of the constitutionality of independent confiscation under Sec. 76a (4) of the German Criminal Code. To give a profound answer on this question, its substantive and procedural characteristics, as well as a comparative law approach, are examined. Based on these results, the legal nature of the provision is determined. This is preceded by general considerations on the determination of the legal nature, taking into account constitutional principles. It is ultimately worked out that Sec. 76a (4) of the Criminal Code must be viewed critically from a constitutional law perspective.