Saxony is calling for stricter measures against financial crime in the Federal Council

Saxony has once again advocated a better fight against financial crime in the Federal Council. The state chamber passed motions for resolutions from the federal state with the wish that it would now be easier for organized crime to confiscate illegally acquired assets. This now calls on the Bundestag to expand the “Customs Financial Justice Act” to include this aspect. The decision is of a recommendatory nature. The Bundestag does not have to agree to this.

"With the federal government's current draft law, organized crime can still conceal the origin of the assets, although objective evidence speaks against their legal acquisition," said Saxon Finance Minister Christian Piwarz (CDU), justifying the move.

Two basic requirements for depriving criminals of assets

According to the will of the federal states, two basic requirements should in future be sufficient to deprive criminals of assets: There must be a gross disproportion between assets and income and a connection to criminal structures, the Ministry of Finance announced.

Countries should be able to conduct proceedings independently

The state chamber also followed a second application from Saxony. The federal government is therefore required to allow not only customs, but also the federal states and their tax authorities to conduct independent procedures to investigate, secure and confiscate suspicious assets. “This shouldn’t just be possible for customs alone. The same powers and options for intervention should apply to the states as to customs,” argued Piwarz.

Saxony also requires a reversal of the burden of proof when proving assets

In order to dry up the sources of money for organized crime, Saxony passed a motion for a resolution in January of this year to combat financial crime more effectively and called for the instrument of reversing the burden of proof. Accordingly, the state should not have to prove that the assets were obtained criminally, but rather the accused should document the lawful acquisition of their assets.