The German Interior Ministry is pushing for a significant shift in legal procedures aimed at dismantling criminal organizations by targeting their finances. Minister Alexander Dobrindt, of the Christian Social Union (CSU), announced plans Friday for a new law that introduces a reversal of the burden of proof regarding assets suspected of criminal origin.
Currently, authorities must definitively prove that assets were obtained through illegal activities before they can be seized. Dobrindt’s proposed legislation would change this, requiring individuals to demonstrate the legal origin of their wealth if no legitimate income sources can be identified. Failure to do so would significantly ease the process of asset confiscation.
“We must assume, where there are no legitimate income sources, that these assets stem from criminal activities” Dobrindt stated in an interview with RTL and ntv. He framed financial disruption as a pivotal strategy to weaken organized crime, arguing it represents a “strong blow” against these groups.
The proposal, however, is already drawing scrutiny from legal experts and civil rights advocates who raise concerns about potential for abuse and due process violations. Critics argue that reversing the burden of proof could lead to unwarranted seizures and disproportionately affect individuals with complex or non-traditional income streams. The risk of false accusations and the potential for chilling legitimate economic activity are key concerns being voiced.
While the government stresses the need to aggressively combat organized crime, the plan’s reliance on a significantly altered legal framework invites a critical examination of its potential impact on fundamental rights and the separation of powers. The legislation’s success will depend not only on its ability to disrupt criminal enterprises, but also on ensuring its implementation remains within the boundaries of due process and legal fairness. The debate is expected to be heated as the proposal moves through the legislative process.