Recovery aid
In criminal proceedings, recovery aid is an authorization to (officially) secure movable property that is unlawfully in someone else's custody (possession). It serves to protect third parties' property .
The aim here is to return it to the owner . State access to the property rights of the accused, which the injured party of a criminal offense is entitled to, is also recorded. Recovery assistance is regulated in Section 111b (5) StPO .
Section 111b of the Code of Criminal Procedure generally stipulates that objects that can be assumed to be subject to forfeiture or confiscation can be seized .
However, the substantive criminal law in Section 73, Paragraph 1, Sentence 2 of the Criminal Code provides that forfeiture cannot be ordered if the pecuniary advantage whose forfeiture is to be ordered is linked to a compensation claim by the injured party (e.g. the victim's claim for compensation or Tax on payable taxes) is charged. In this case constellation, the regulation serves to protect private rights .
This regulation, which serves to protect the injured party, should consequently also lead to the prevention of seizure. In fact, however, this will usually not be in the interest of the injured party, who can rather hope to get the item back through the confiscation.
Section 111b (5) of the Code of Criminal Procedure therefore contains a special provision which permits seizure even if forfeiture cannot be ordered only because of the provision in Section 73 (1) sentence 2 of the Criminal Code.
