Goods seized by the police or FIOD? Here's how to get them back.

July 5

Have your goods been seized by the police or the FIOD? This can have serious consequences, especially when it concerns money, a car, telephone, laptop, or administrative records. Many people are unaware that seizure cannot simply be carried out without justification. The government must have a legal basis for doing so.

In this blog, we explain:

when the police or FIOD may seize property,
what types of criminal seizure there are,
and how you can get your confiscated items back.

When can the police or FIOD seize property?

The police and the FIOD may only seize goods under criminal law if there is a valid legal reason for doing so. If there is no such reason, the seizure must be lifted and your belongings must be returned.

In principle, there are two legal bases for criminal seizure under the law.

Classic seizure (Article 94 of the Code of Criminal Procedure)

The so-called classic seizure is regulated in Article 94 of the Code of Criminal Procedure. This seizure is usually carried out with a view to establishing the truth.

The purpose of this seizure may be:

examining objects to determine exactly what happened;
determining any unlawfully obtained advantage;
securing evidence.

In addition, classic batter can also be used to coat objects:

forfeit, or
withdraw from traffic.

Consider, for example:

prohibited weapons,
drugs,
or other objects that do not belong in society.

Precautionary attachment (Article 94a of the Code of Criminal Procedure)

In addition to classic attachment, the law also provides for prejudgment attachment, as regulated in Article 94a of the Code of Criminal Procedure. This type of attachment has a different purpose.

A preliminary attachment is imposed in order to:

be able to seek redress for monetary claims after the criminal case has been concluded, such as:
- fines,
- compensation to victims,
- confiscation measures (seizure of criminal assets).

The seizure must therefore ensure that sufficient recourse options remain available.

How can you get your confiscated items back?

Is your attachment unjustified or no longer necessary? Then the attachment can and must be lifted.

Contacting the public prosecutor

In practice, the public prosecutor is often contacted first with a request to:

to voluntarily lift the attachment,
and return the goods.

File a complaint with the court

Is the public prosecutor not cooperating? Then you can:

A complaint may be filed with the court.

The court then assesses:

whether the seizure is lawful,
and whether your personal interests outweigh the interests of criminal prosecution.

If the claim is upheld, the judge may rule that:

your goods will be returned immediately.

Seizure is complex – engage a lawyer in good time

Attachment cases are legally complex and highly case-specific. The chances of success depend on:

the type of fitting,
the importance of the criminal investigation,
and your personal circumstances.

A specialized criminal lawyer knows:

when seizure is unlawful,
which arguments are promising,
and how procedures can be expedited.

Have your belongings been seized by the police or the FIOD (Fiscal Intelligence and Investigation Service) and would you like to know whether you can get them back? Please contact us for a no-obligation consultation. We will put you in direct contact with a specialized criminal defense attorney.

Sylvester Römer