Suppose mother M buys a laptop for her son.
On the condition that the son pays this off in monthly installments of 50 euro
Now this laptop is to be confiscated by the public prosecutor's office.
As a rule, the seller is still the owner until the agreed installments have been paid in full.
Can the laptop still be withdrawn due to this fact?
The proceedings were discontinued in accordance with Section 154 (1) No. 1 partial suspension in the event of several offenses.
The reference to an independent collection procedure was noted.
You can always request the surrender of something confiscated.
Was there a criminal case? Preliminary investigation? What does it have to do with the laptop?
Is there any data on the laptop that can be used as evidence?
If data is suspected on the laptop that (can) play a role in an investigation, the part is withdrawn, regardless of who it belongs to on "paper".
The proceedings were discontinued in accordance with Section 154 (1) No. 1.
There are print templates for the production of regional tickets on the laptop.
"Cleaned" tickets were found, but no ready-made, forged tickets were found.
Section 74
Confiscation of crime products, items and objects from offenders and participants
(1) Objects that have been produced through an intentional act (products of the crime) or that have been used or intended for the commission or preparation thereof (means of the crime) can be confiscated.
(2) Objects to which a criminal offense relates (objects of the offense) are subject to confiscation in accordance with special regulations.
(3) 1The confiscation is only permitted if the objects belong or are due to the perpetrator or participant at the time of the decision. This also applies to confiscation, which is prescribed or permitted by a special provision in addition to paragraph 1.
The laptop belongs to the son - he only pays it off in installments
and if not - he is entitled to it, since he had it and used it
Then we're seized or seized §§ 94/98 StPO
the confiscation takes place via the StA / the court
To 2.
Would a be entitled, dispose and use also apply if it were a loan?
Lt. The computer is entitled to the perpetrator of your description. The mother buys it and gives it to the son. So it belongs to him.
Without checking the ownership structure now:
The hiring took place for reasons of process economy, the perpetrator is on account of other, more serious offenses, so that the punishment of the suspended act is irrelevant to the total punishment to be expected.
So the computer owner seems to be quite a fruit with a high level of criminal energy. A confiscation according to § 74 in conjunction with § 74b StPO due to the risk of repetition would be easy to justify.
So: the computer is very likely gone forever.
That is a partial setting.
https://dejure.org/gesetze/StPO/154.html
For which act is the investigation going on?
If there's evidence of the crime on the laptop, you won't get the laptop back for the time being.
