The German Interior Minister, Alexander Dobrindt of the CSU party, is pushing for significantly expanded powers to combat organized crime, proposing a controversial shift in the burden of proof regarding assets. Dobrindt outlined his plans in an interview with RTL and ntv on Friday, signaling a hardline approach to dismantling criminal networks by targeting their finances.
The core of the proposed legislation centers on reversing the evidentiary burden. Currently, authorities must provide concrete evidence that assets were acquired illegally before they can be seized. Dobrindt’s plan would effectively flip this responsibility, requiring individuals to demonstrate the legitimate origin of their wealth if they cannot provide a convincing explanation. This would dramatically simplify the process of asset forfeiture for law enforcement.
“When there are no apparent legal income sources, we must assume that funds originate from criminal activity” Dobrindt stated. He argues that disrupting the financial foundations of organized crime represents a “strong blow” against these networks.
However, the proposed legal change has already drawn criticism from legal experts and civil liberties advocates. Concerns are being raised about the potential for abuse, the risk of targeting innocent individuals and the impact on fundamental principles of due process. Critics argue that such a move could lead to arbitrary asset seizures and erode trust in the legal system.
The proposal reflects a growing political pressure to appear tough on crime, especially given the persistent challenges posed by transnational organized crime. Yet, the shift raises complex questions about the balance between security and individual rights and is likely to spark a vigorous debate in the German parliament. The legislation’s potential impact on the judiciary, the scope of its application and safeguards against misuse will be crucial factors in determining its ultimate reception and efficacy.
