Cash Seized at a German Airport – Your Rights and Criminal Defense

The Stuttgart case is not an isolated incident. It reflects a broader enforcement environment shaped by a fundamental overhaul of German asset recovery law that came into force on 1 July 2017. Until that point, German criminal law operated under the concept of “forfeiture” (Verfall). Assets derived from a criminal offense could be confiscated, provided the offense had been proven against the individual, and no third-party claims stood in the way. In practice, however, these rules frequently proved insufficient to strip criminals of their gains effectively. The Act Reforming the Criminal Law on Asset Recovery overhauled the system entirely: the term “forfeiture” was replaced by the broader concept of “confiscation” (Einziehung), third-party protection rules were simplified, and the scope for state intervention was significantly expanded.

The reform was driven in part by EU Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The legislature’s primary aim was to ensure, particularly in the area of organized crime, that the state can permanently access assets of unclear origin – even without a prior conviction. For international clients unfamiliar with German law, the implications of this reform are significant: assets can be lost permanently without a criminal conviction ever being secured.

The most far-reaching tool introduced by the new legislation is independent confiscation under Section 76a of the Criminal Code (Strafgesetzbuch, StGB). It allows for the permanent seizure of assets – in particular, cash – even where no criminal offense can be proven against the individual, and they are neither prosecuted nor convicted.

The conditions for this measure are:

• There must be suspicion of a so-called catalogue offense under Section 76a(4) StGB, which includes money laundering, drug trafficking offenses, formation of criminal organizations, and terrorist financing.
• The seized item must originate from an unlawful act.
• The court must be satisfied as to that origin, and may base that conclusion in part on a gross disproportion between the value of the item and the individual’s lawful income under Section 437 of the Code of Criminal Procedure (Strafprozessordnung, StPO).

The Stuttgart case illustrates a pattern well known to German investigators: so-called smurfing. This involves splitting a larger sum of cash among several individuals, each carrying an amount just below the legal declaration threshold of €10,000, with the aim of circumventing the declaration obligation under EU Cash Controls Regulation 2018/1672.

For German law enforcement authorities, this pattern is a classic indicator of money laundering. The total sum and the manner in which it has been divided are assessed together. Anyone stopped as part of such a group faces the risk of a criminal investigation – even if the amount they personally carry would attract no attention on its own. This applies equally to foreign nationals and international travelers passing through German airports.

In German criminal proceedings, one principle applies without qualification: there is no formal reversal of the burden of proof. Accused persons have the right to remain silent, and exercising that right cannot be held against them in criminal proceedings.

Confiscation proceedings under Sections 421 et seq. StPO follow a different logic. In confiscation proceedings, it is not enough to remain silent or to make a blanket denial of the state’s claims about the origin of the money. Anyone who wants their money returned must actively and substantively set out the lawful origin of the funds. Failure to provide a substantiated account risks the court treating that silence as evidence when weighing the evidence. Contradictory or only partial statements may similarly be interpreted to the individual’s disadvantage.

A Bundesrat initiative from March 2026 aims to further tighten the rules. The draft legislation proposes introducing a rebuttable presumption of criminal origin where the value of a seized item is grossly disproportionate to the individual’s demonstrable lawful income. Individuals could rebut the presumption by providing a substantiated account of the origin of the funds, but any remaining doubt would in the future go against them.

Anyone whose cash is seized at a German airport should take the following steps:

1. Exercise your right to silence immediately. Do not make any statement to customs officers or police without first consulting a lawyer.
2. Request legal representation. You have the right to contact a lawyer before answering any questions.
3. Do not attempt to explain the origin of the funds without legal advice. Unguided statements can significantly prejudice confiscation proceedings.
4. Gather documentation. Bank statements, gift agreements, tax assessments, and other records establishing the lawful origin of the funds are essential to any successful challenge.
5. Act quickly. A provisional seizure can become permanent within 90 days if no challenge is mounted. The earlier a defense strategy is developed, the greater the prospects of recovering the funds.

When cash is controlled or seized at a German airport, any statement made without legal advice can prejudice the subsequent proceedings. The Code of Criminal Procedure guarantees the right to silence – and that right should be exercised consistently in the first instance. This is particularly important for foreign nationals, who may be unfamiliar with German procedural law and who face additional practical pressures when detained abroad.

Prompt action is essential to prevent a provisional seizure from becoming a permanent asset confiscation. The earlier a defense strategy is developed, the greater the prospects of recovering seized funds.

Anyone facing a cash seizure at a German airport is often under considerable pressure – in terms of time, finances, and emotional strain. At Schlun & Elseven Rechtsanwälte, our criminal defense team offers direct access to German criminal law expertise in exactly these situations: straightforward, confidential, and without delay.

Our lawyers represent clients across Germany and internationally at every stage of confiscation proceedings. As one of Germany’s leading full-service law firms with over ten years of experience advising international clients, we provide our services in English and work with clients worldwide.