Germany proposes asset seizure law with reversed burden of proof

The German Federal Government and the Bundesrat are advancing a legislative proposal to tighten regulations regarding the seizure of assets of unclear origin. The draft law introduces a reversal of the burden of proof.

Under the proposed rules, if there is a significant discrepancy between an individual's declared legal income and their actual assets, such as luxury vehicles, watches, or real estate, the assets will be legally presumed to have been acquired illegally. The individual would then be responsible for proving the legitimate source of the wealth.

Additionally, customs authorities would be empowered to temporarily seize assets valued at approximately 100,000 euros if the origin of the funds cannot be plausibly explained. While supporters view this as a necessary tool to combat organized crime and money laundering, critics argue the measure undermines the presumption of innocence and property rights.