AML/CTF legislation country profile

ECBA Questionnaire filled in for Germany

a) Legislation

1. Definition of money laundering in the local legal system.

Art. 261 Penal Code: money laundering is:

Hiding any goods which are from an illegal crime (minimum 1 year imprisonment) or other specific illegal crimes (less than minimum 1 year imprisonment ) for example,  financial crime, tax or drugs, terrorist organisation.

2. Sanctions for money laundering offence.

- 3 months to 5 years imprisonment
Organised crime:
- 6 months to 10 years;
Negligence:
- up to 2 years or fine.

Confiscation of good.

There is a chance of no penalty in the case when the suspect informs the police of the activity before they first became aware of it.

3. (Legal) professions especially affected by local AML/CTF legislation.

Legal definition is general.

4. Specific regulations imposed upon attorneys at law.

Decision of the German Constitutional Court: a defence lawyer only commits a crime when he has secure knowledge about the criminal money!

b) Bar Association

1. Directives – formulated by the Bar Association – guiding the interpretation of the legislation and the force of these directives (binding, guidelines).

2. Causes for discussion at the implementation stage of the European Directive in local legislation especially in relation to a possible conflict between this legislation and your professional code of ethics?

3. Any action taken by the local Bar Association against the way in which the European directive was implemented in local legislation?

4. Other bodies that have undertaken any form of action to safeguard the rights of their members in this respect.

c) Legal practice

1. Particularities that foreign attorneys at law in contact with the local legal system should be aware of / recommendations to be taken into consideration?

DISCLAIMER
The ECBA maintains this website to provide and disseminate information on criminal procedure in the EU with regard to national money laundering legislation as it applies to attorneys at law. The content of the website relies on contacts in each jurisdiction and although our aim is to keep this information accurate, the ECBA does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or reliability of the content. This information does not constitute legal advice. If errors are brought to our attention, we will try to correct them.
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Last Updated (Tuesday, 18 January 2011)