Got confiscated things back?

Fe
14

I once wanted to ask how long the police may actually keep my belongings confiscated speak, laptop, hard drives, usb sticks, etc.

These were bagged with me about 5 months ago and I make since then every week 2 calls there and ask for when I see my things again, I want to know how long they may keep confiscated.

Ke

My buddy got his Playstation again after 2 years from the police

Te

Ouh that can take a long time, up to 6 years, because the missing laptop etc is considered a luxury and does not limit you in everyday life.

La

You may not get anything back. In particular, there's a risk if the confiscated items are directly related to crime.

Ma

If it is a collection object: You will not get it back.

If it is mere evidence: At the end of the criminal proceedings. This can take a while.

La

Because the missing laptop etc is considered a luxury item and does not restrict you in everyday life.

Nonsense. That's certainly not the reason why something is withheld. Mostly you, a VW Golf is issued rather than a Ferrari?

fi

Aja, is not there another way by now? This asset recovery to allow an adhesion procedure for fraudulent offenses, I think since July 2018? But honestly I only did that once and certainly did not use the right term… Do you know what I'm talking about and can you help me out?

fi

Aja, is not there another way by now? This asset recovery to allow an adhesion procedure for fraudulent offenses, I think since July 2018? But honestly I only did that once and certainly did not use the right term… Do you know what I'm talking about and can you help me out?

fi

Exactly, the VW Golf is released after 2 years, the Ferrari only after 6 years!

(How do you actually get to the year number "6"… Gabs because some judgment? I'm not familiar…)

Ma

Yes I can. I've set up a Soko for profit and managed for several years. At that time the profit extraction was called still expiration (§ 73 StGB). But in order to pull the tools and fruits of the action out of circulation, they can be confiscated (§ 74 StGB). Since 2018, the profit extraction is also called confiscation. So one and the same name is used for everything. That's why I only used the word confiscation.

Note at confiscation under 74 that related objects of action fall under the 74 only if expressly provided for in the penal provision.

La

Sorry. How would you say in business? I have nothing to do with the executive business in Germany. In addition, I always have to accept in my statements that there's a different legal situation in Germany than in Austria.

fi

Alright, could have been yes.

fi

Expiration and confiscation are also a concept for me.

But there's something new, I'm trying to describe, maybe that's the profit you mean:

The Ebay cheater gets a PlayStation. He does the act with his computer. During the investigation it is also known that he sells things in Ebay, which he does not deliver, but the money received is already gone.

Make sure PlayStation is "decayed" => Logical

Computer as an agent => Logical

But now he has another 3 gold coins, which he got for his 18th birthday. These coins have NOTHING to do with the deed.

But since last summer we also ensure the god coins, because they have a value. These are then sold by the public prosecutor and thus the injured Ebay buyers in the adhesion process can claim their damage again.

And for this "seizure" there's now a new legal term that I do not want to fail…

By the way: Soko profit levy? Wtf? What did you do there? In our case this is done in the "normal case" of the clerk…

Ma

What you mean is "compensation for value", that is the unimpaired money and items that have to serve instead. Value replacement is not confiscated, by the way, but seized.

Soko Financial Investigation was that. We made profit-taking on larger procedures, but were also good at tracking cash flows and tracking down backers.

fi

Aja, very cool. That makes us the KPI (Z) and you have to beg every time that they do that.

Hmm ne value replacement is not… I look on Monday and give you know what I meant… And I thought that it took the seizure, but I may be wrong…