According to §§ 115a to 115e StPO, the court decides on the realization of an asset that was previously secured pursuant to § 110 (1) (3) StPO or seized pursuant to § 115 (1) (3) StPO . Realization is considered if a decision on forfeiture or extended forfeiture cannot be made or if the legally prescribed deadlines have expired.

Realization ends the merely provisional securing of an asset. The item is either realized or sold, whereby in the case of a sale, the proceeds legally take the place of the original asset. This step significantly interferes with property rights and is only permissible on the basis of a court order.

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Requirements and Limits of Realization

§ 115a StPO regulates the requirements for regular realization. The norm does not permit realization simply because an asset has been secured or seized. Rather, it is required that a decision on forfeiture or extended forfeiture cannot be made because the accused or a party liable for a fine cannot be traced or cannot be brought before the court, and the proceedings must therefore be discontinued. Additionally, the law requires that at least two years have passed since the securing or seizure and that the edict regarding the impending realization was publicly announced for at least one year.

Realization interferes deeply with property. Therefore, the law requires either a special procedural situation or the expiry of certain deadlines. At the same time, it protects uninvolved third parties.

Realization when no Forfeiture Decision is Possible

The court may realize assets if a decision on forfeiture or extended forfeiture cannot be made. This situation arises primarily when the accused cannot be found or cannot be brought before the court and the proceedings are therefore terminated.

. The mere difficulty of the proceedings is therefore not sufficient. There must be a genuine procedural standstill that prevents a decision on forfeiture.

Without this regulation, secured or seized assets could remain in a state of limbo indefinitely despite the lack of a decision on the merits. In such cases, realization enables a final clarification of property rights. It ends the provisional securing and, if necessary, replaces the secured asset with proceeds.

Realization after Lapse of Time

Even without the discontinuation of proceedings, realization is possible if at least two years have passed since the securing or seizure and the intended measure has been publicly announced for one year.

These deadlines serve to provide legal protection. Affected parties are given sufficient opportunity to assert their rights or apply for a revocation. Only when both periods have expired may the court realize the assets.

Protection of Uninvolved Third Parties

Realization is inadmissible as long as a person who is not suspected of having been involved in the criminal act makes a credible claim to a right in the asset. In particular, uninvolved co-owners, pledgees, or other entitled parties are protected.

Likewise, the court may not realize the asset if a judicial attachment already exists. In both cases, the protection of third-party rights takes precedence. As long as such rights exist, the asset remains secured but unrealized.

Decision Exclusively by the Court

The public prosecutor’s office submits the application, but the decision is made exclusively by the court. No asset may be definitively confiscated or sold without a court order. The court can also make this decision simultaneously with the seizure.

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Announcement, Publication, and Legal Protection

Before a regular realization may be carried out, the court must announce it by edict according to § 115b StPO. This edict must identify the third-party debtor, describe the asset by type, scope, and amount, and state that the asset will be realized after one year unless an application for the lifting of the securing or seizure is filed by then.

Publication takes place in the federal edict database. It is publicly accessible and serves to reach even unknown entitled parties.

Public Announcement by Edict

The edict describes the asset clearly and comprehensibly. It names the person or entity that owes or holds the asset and points out that realization will take place after one year unless someone applies for revocation.

The edict is to be made public by inclusion in the edict database. In addition, the public prosecutor’s office, the person affected by the order (if applicable), and the third-party debtor receive a written copy. The third-party debtor is obliged to inform the court immediately of all facts that could prevent realization. Reasonable and customary costs incurred for this are to be reimbursed.

Publication of the Realization Order

If the court makes the final decision, it also publishes this order in the edict database. Upon publication, the decision is deemed to have been served. The entry remains accessible in the long term.

According to According to § 115c (2) StPO , a timely filed complaint has suspensive effect. Therefore, the realization may not be executed until a decision has been made on the legal remedy.

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Execution and Special Constellations

After the decision becomes final, the realization is enforced according to § 115d StPO. The norm regulates how a final realization order is to be implemented, what duties of cooperation apply to the affected debtor, and how to handle subsequent decisions on forfeiture or extended forfeiture. § 115e StPO supplements these rules for cases of early sale in the event of special economic risk.

The execution does not happen automatically, but under judicial control. Even after realization, legal correction options remain.

Enforcement after Finality

As soon as the order is final, the court organizes the confiscation or sale. It can oblige the affected debtor to submit all documents relating to the asset.

If a decision on forfeiture or extended forfeiture can still be made after the realization order has become final, the court continues these proceedings according to the rules provided for them. The already realized asset is not “gone”; instead, the sales proceeds take over its role. In this way, the law prevents the state from gaining an advantage twice from the same asset.

Claims for Compensation and the Position of the Federation

If the Federation has realized an asset and a claim arises later, compensation is made exclusively in money. The Federation is legally treated as a bona fide possessor. This means it is not subject to stricter liability, but is liable according to general civil law standards.

Early Realization in Case of Special Risk

In certain cases, the court may realize assets even before the usual deadlines have expired. This applies to assets that perish quickly, lose value significantly, are subject to strong fluctuations, or can only be stored at disproportionately high costs.

However, the court refrains from realization as long as the item is still required as evidence. It informs affected persons before the sale. The sales proceeds legally take the place of the original asset.

Anyone who deposits a sufficient amount in time to cover the storage costs can prevent realization for cost reasons.

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Distinction between Securing, Seizure, and Realization

In criminal proceedings, several measures interfere with assets. These steps build on each other but pursue different goals and have different intensities.

Securing pursuant to § 110 (1) (3) StPO means that an asset is provisionally secured. The state thus prevents it from being moved or consumed. The question of ownership remains open for the time being.

Read more about securing on our page: Securing in Criminal Proceedings

Seizure pursuant to § 115 (1) (3) StPO is the formal judicial confirmation of this securing. It creates a stable legal basis and subjects the asset to judicial control.

Read more about seizure on our page: Seizure in Criminal Proceedings

Realization goes a decisive step further. It ends the provisional securing and leads to a final economic implementation. The asset is confiscated or sold. This results in either state ownership or a sum of money taking the place of the original item.

While securing and seizure have a provisional effect, realization represents a final interference with property.

Role and Importance of the Third-Party Debtor

In the context of realization, § 115b StPO provides that a so-called third-party debtor is included in the proceedings. This is a person or entity that owes an asset to the accused or holds it for them.

Typical constellations include:

• a bank in the case of a secured account,
• a contractual partner in the case of outstanding claims,
• a custodian or warehouse keeper.

The third-party debtor receives a written copy of the edict. They are obliged to inform the court of all facts that could prevent realization. These include, for example, existing rights of third parties or special contractual obligations.

This duty of cooperation serves the substantive correctness of the decision. The court should not carry out a realization without knowing all relevant circumstances. If the third-party debtor incurs reasonable costs through this cooperation, the state will reimburse them.

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Effect of the Edict Database and Importance for Deadlines

The public announcement is made by inclusion in the edict database. The final realization order is also published there.

This publication has significant legal effect. With it, the decision is deemed to have been served. It does not matter whether the person concerned actually reads the edict.

Deadlines begin to run from the date of publication. Those who do not react risk the loss of their rights. A timely filed complaint stops the execution of the realization. If there is no reaction, the order becomes final and the court implements it.

The edict database is therefore not a mere information medium, but a central instrument of the legal protection system in realization proceedings.

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Difference between Regular and Early Realization

The law distinguishes between two forms of realization. Both lead to confiscation or sale, but are based on different requirements.

Regular realization according to § 115a StPO requires either the discontinuation of the proceedings or the expiry of certain deadlines. It is bound by formal requirements and only takes place after a longer period of securing and public announcement.

This is to be distinguished from early realization pursuant to § 115e StPO. This applies as soon as an asset

• perishes quickly,
• loses value significantly,
• is subject to strong fluctuations in value,
• or can only be stored at disproportionately high costs.

Here, the focus is not on the passage of time, but on an economic risk. In such cases, the court may act more quickly to avoid a loss of substance.

Both variants, however, require a court order and are subject to the same legal protection mechanisms.

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Relationship of Realization to Subsequent Forfeiture Proceedings

Realization does not replace a criminal sentence. It merely creates an economic solution if a decision on forfeiture is not possible or has not yet been made.

If a decision on forfeiture or extended forfeiture becomes possible after realization, § 115d (2) StPO provides that the corresponding proceedings are to be carried out. The proceeds already achieved are taken into account.

This means: The state may not gain a double advantage. The sales proceeds take the place of the original asset and are included in the further proceedings.

Realization is therefore not an independent criminal mechanism, but a property law instrument within the criminal proceedings.

Economic Consequences for Accused Persons and Owners

Realization has significant practical implications. It ends the mere securing. The asset is effectively no longer available to the owner.

Particularly relevant are:

• loss of the possibility of economic use
• conversion of physical assets into money
• possible tax or operational impacts
• permanent transfer of assets in favor of the Federation

Especially in the case of company shares, real estate, or larger sums of money, realization can have existential consequences. Therefore, the timely examination of the requirements is crucial.

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Deadline Control and Strategic Action

Realization is strictly subject to deadlines. The expiry of two years and the one-year public announcement are central requirements for regular realization. Additionally, deadlines for legal remedies begin to run with publication in the edict database.

Inactivity can lead to an order becoming final even though objections would have been possible.

Strategically, this means:

• early examination of the legality of the securing
• monitoring of the edict database
• timely filing of a complaint
• examination of third-party or ownership rights

Anyone who ignores these points risks a final loss of assets.

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Your Benefits with Legal Assistance

Realization means a final loss of assets if one does not react in time. Deadlines run from the moment of publication in the edict database. Inactivity quickly leads to finality.

A lawyer examines,

• whether the legal requirements are actually met,
• whether deadlines were calculated correctly,
• whether third-party or ownership rights are sufficiently taken into account,
• whether a complaint with suspensive effect is advisable.

Especially in the case of larger assets, an early legal examination determines whether realization can be prevented or at least economically cushioned. In proceedings according to §§ 115a StPO to 115e StPO, precise and rapid action is often essential.

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FAQ – Frequently Asked Questions