Definition and legal classification of producta sceleris
The term producta sceleris originates from Latin and literally translates as “proceeds of a crime.” In the legal context, it specifically refers to those assets or objects that are directly the fruit (the product) of a criminal act. Producta sceleris are closely related to criminal asset recovery, criminal law, and additional connected areas of law such as civil law.
Distinction from related terms
For a comprehensive legal assessment of producta sceleris , it is necessary to differentiate it from related terms:
Offense products, offense proceeds, and offense instruments
- Offense products are objects that are produced as a result of the criminal act itself, such as forged documents.
- Offense proceeds refer to assets that are acquired as a legal consequence of the offense, for example, stolen goods or money obtained through fraud.
- Offense instruments are items that were used to commit the criminal act.
Producta sceleris most closely corresponds to the terms offense product and offense proceeds. In contrast to offense instruments, they are the direct result of criminal conduct.
Difference from ‘instrumenta sceleris’
Whereas instrumenta sceleris (offense instruments) are understood as tools or other means used to commit an offense, producta sceleris refer exclusively to the creations or proceeds resulting from the offense.
Legal basis and areas of regulation
Criminal asset recovery
The concept of producta sceleris plays a central role in criminal asset recovery (§§ 73 et seq. StGB – confiscation of offense proceeds). If a productum sceleris is obtained as part of a criminal offense, the law requires its confiscation. The confiscation of disproportionate benefits gained from an unlawful act aims to prevent enrichment through criminal acts.
Confiscation (§§ 73, 73a StGB)
- § 73 StGB enables the confiscation of offense proceeds, including producta sceleris from perpetrators and participants.
- § 73a StGB regulates the extended confiscation of offense proceeds when allocation to specific acts is not clearly possible but the connection to unlawful acts is apparent.
Assistance for recovery and victim protection
The state confiscation of producta sceleris serves not only a punitive purpose but also allows those affected by crimes, such as injured property owners, in certain cases to reclaim confiscated assets (§ 111i StPO, § 459k StPO).
Tax treatment
Proceeds from crimes – that is, producta sceleris – can be relevant for tax purposes. According to case law, such income is generally taxable, based on the principle that all income is subject to taxation.
Civil law aspects
Under civil law, the productum sceleris usually constitutes a void acquisition (§ 134 BGB, violation of a statutory prohibition). As a result, claims for restitution, in particular under the law of unjust enrichment (§§ 812 et seq. BGB), must be examined. The rights of third parties, such as the owner of a stolen item, remain unaffected.
International perspectives
In international legal systems as well, the confiscation of proceeds from crimes, the producta sceleris, is of central importance. Institutions such as the Financial Action Task Force (FATF) set global standards for the prevention and prosecution of money laundering, with a core focus on the consistent confiscation of illicit assets.
Systematic significance in criminal law
The legal treatment of producta sceleris ensures that assets unlawfully obtained do not remain with the offender. State intervention serves general prevention by making criminal activity unprofitable. Through consistent confiscation and possible recovery for victims, the institution gains considerable practical significance.
Practical implications and recent developments
Practice shows a continuous expansion of the possibilities for confiscation of producta sceleris, especially through the reforms to §§ 73 et seq. StGB in 2017. Since then, extended confiscation has been possible even for certain third-party beneficiaries. Effective securing (producta sceleris) is a central aim of the prosecuting authorities, also to protect the integrity of the economy and strengthen victim protection.
Summary and conclusion
Producta sceleris are a core element in the system of criminal asset recovery and include all products directly generated by a crime or assets obtained thereby. The legal basis is in particular found in the confiscation provisions of the Criminal Code, supplemented by civil and tax law regulations. The legal treatment follows the guiding principle that criminal conduct should not be profitable and acquired advantages should be returned to the state or the injured parties.
Further reading and references
- Criminal Code (StGB), especially §§ 73-76.
- Civil Code (BGB), especially §§ 812-819.
- Code of Criminal Procedure (StPO), especially §§ 111b et seq., 459k.
- Fischer, Criminal Code, current commentary.
- LK-StGB, Leipziger Kommentar on the Criminal Code.
- Articles and contributions in professional publications on asset recovery and confiscation.
Frequently Asked Questions
What significance does proof of producta sceleris have in criminal proceedings?
In criminal proceedings, proof of producta sceleris – that is, proceeds or assets derived from crimes – plays a central role, particularly in property crimes such as theft, embezzlement, fraud, or money laundering. Establishing that certain goods or assets originate directly or indirectly from a crime allows law enforcement authorities to seize, confiscate, or otherwise secure these items. For confiscation according to §§ 73 et seq. StGB, it is necessary for the court to objectively demonstrate that the relevant assets constitute a productum sceleris. A standard of probability is sufficient, provided it can be ruled out that the assets originate from legal sources. The burden of proof for a legal origin may, during the evaluation of evidence, be applied against the affected party if no plausible explanations or evidence are provided. Thus, proof of producta sceleris forms a key part of criminal asset recovery and serves to neutralize the economic benefits of criminal activity.
What role do producta sceleris play in asset recovery?
Producta sceleris are the central subject in criminal asset recovery. According to § 73 StGB, assets obtained through unlawful acts may be confiscated. Legislators aim with these provisions to make crimes unattractive by depriving the offender of the economic advantages of the offense. Confiscation can be both immediate (directly obtained benefit) and indirect (assets acquired from what was originally obtained). The current legal situation requires a sufficient probability that the asset in question is a productum sceleris. In its reasoning, the court sets out based on which circumstances (e.g., payment flows, acquisitions following a crime, financial analyses) the criminal origin is established. Producta sceleris includes not only cash but also real estate, vehicles, securities, or other economic goods.
Can third parties also be affected by measures against producta sceleris?
Yes, measures for asset recovery and confiscation under §§ 73 et seq. StGB can also affect third parties if, as so-called non-participants, they have acquired the productum sceleris. The prerequisite is that they acquired it gratuitously or not in good faith (§ 73b StGB). Third parties who, for example, receive assets from a crime as a gift from the offender or purchase them below value risk having confiscation ordered against them. However, the law generally protects bona fide purchasers: If a third party acquired the assets for value and without knowledge of their criminal origin, protective provisions in favor of the good faith acquirer must be observed. Disputes over the surrender of such producta sceleris are regularly addressed in independent confiscation proceedings or within the context of criminal proceedings.
What evidentiary standards apply to proof of producta sceleris?
The evidentiary requirements for establishing producta sceleris follow the principle of procedural truth-finding. According to § 261 StPO, the court must be convinced of the criminal origin of the assets. In essence, a degree of probability bordering on certainty is sufficient, whereby case law requires an overall assessment of relevant indicators. This includes analysis of payment flows, unusual account activity, or factual circumstances suggesting a criminal origin. In more complex cases, such as money laundering or hidden transactions (“layering”), the traceability of investigations is particularly important. The accused is not obligated to cooperate but may provide statements and documents to substantiate a legal source (“negative duty to cooperate”).
How does the confiscation of producta sceleris relate to the protection of property?
The confiscation of producta sceleris constitutes a significant interference with the right to property (Art. 14 GG). However, the legal system recognizes this interference as justified, as the aim is to eliminate unlawfully acquired assets. The principle of proportionality must always be observed: The measure must not go further than necessary to restore the lawful asset situation. Of particular note are the property interests of uninvolved third parties, who may assert claims (e.g., of ownership or liens) even during confiscation proceedings. Any potential conflicts of interest are resolved through a special court procedure in which stakeholders are fully heard.
Are there any criminal law specifics regarding the confiscation of producta sceleris in the field of organized crime?
In the area of organized crime and money laundering, facilitated conditions for confiscation of producta sceleris often apply. Via the so-called ‘extended confiscation’ under § 73a StGB, assets may be confiscated even if not directly from the specific proven offense but very likely from other similar crimes. Given the professionalization and concealment mechanisms of criminal organizations, indicators such as lifestyle and unexplained financial circumstances are often decisive in such cases. For effective enforcement, proof of a specific crime is not required—belief in the criminal origin on the basis of a probability assessment suffices.
Can the return of producta sceleris be demanded under civil law?
Yes, independently of criminal confiscation, civil law also allows claims for the return of producta sceleris. In principle, an injured party (§ 823 BGB) can assert claims against the offender for return of what was obtained through the crime and – in particular cases – also against bona fide third parties. However, criminal confiscation takes precedence: If confiscation and, where applicable, return to the entitled party have already been ordered in criminal proceedings, civil law claims must be coordinated to avoid double compensation. Civil claims are generally enforced by filing a lawsuit in civil court.
