What is seizure

seizure

compulsory provision of a thing at the disposal of an authority for the purpose of safeguarding private or public interests.

1. Criminal law: It is possible to confiscate items that are classified as Evidence Can be used for criminal investigation or subject to confiscation as a driver's license. The order of the seizure is made by the judge, in the case of imminent danger also by the public prosecutor or their auxiliary officers (e.g. police), in the case of administrative offenses also by administrative authorities (§§ 94 ff. StPO, § 46 OWiG, §§ 399 ff. AO).

Mail must generally be presented to the judge for opening (§§ 99 et seq. StPO).

Seizure of Pamphlets is based on §§ 111 m, n StPO (press law). Objects can also be seized if there are reasons to believe that the conditions for their forfeiture or confiscation are met (Section 111b of the Code of Criminal Procedure).

2. Bankruptcy Proceedings: The Bankruptcy court issues a blocking order, according to which all incoming mail for the debtor must first be handed over to the insolvency administrator; Post block, § 99 InsO.

3. Foreclosure: Confiscation of a property by delivery of the administrative decision to the debtor or receipt by the land registry if the auction notice will soon be entered in the land register (Section 22 I ZVG). The seizure did effect a ban on sale and, in addition to the property, also includes objects to which the mortgage extends (§§ 20 II, 23 ZVG).

4th G.Commercial legal protection:Confiscation, border seizure.