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Sicherstellungserklärung

English translation: impound notice/order / notice/order to impound

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Sicherstellungserklärung
English translation:impound notice/order / notice/order to impound
Entered by: silfilla
Options:
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- Include in personal glossary

08:46 May 18, 2005
German to English translations [PRO]
Law/Patents - Law (general) / criminal procedure
German term or phrase: Sicherstellungserklärung
This word appears several times in an academic text on crime statistics/criminal procedure, e.g.:

Als interessant stellt sich der Einfluss der Kriterien ‚Sicherstellungserklärung’ und ‚Vernehmung’ dar.

or in several tables listing independent variables that influence judicial disposition of drug cases. I can't find it, however, in any legal dictionaries and find only one Google hit that pertains to business, not law, and is not helpful.

I assume the word is associated with Sicherstellung under §111b StPO (see http://www.jusline.de/111b_StPO.html), but have no idea what "Erklärung" here means. Warrant? Court order for receivership?

Would appreciate any insights.
Ann Marie Ackermann, JD
Local time: 18:20
impound order / order to impound
Explanation:
is an option.

Black's Law Dictionary defines "impound" as follows:

"1. To place (something, such as a car ...) in the custody of the police or court, often with the understanding that it will be returned intact at the end of the proceeding.

2. To take and retain possession of something (such as a forged document to be produced as evidence) in preparatiton for criminal prosecution."

... carried out the impound order and confiscated tubes of the cream. ... "The laws concerning the dispensing of prescription drugs and controlled dangerous

www.state.nj.us/lps/ca/press/tube.htm

Last December, the Attorney General's Consumer Protection Division obtained a similar impound order for mail going to a commercial mail drop in Clive ...

www.consumeraffairs.com/news04/iowa_sweepstakes.html

... bar her employer from requiring a hair sample for a drug test) and that such ... the impound order was improper, and therefore the inventory search was ...

www.colorado-appealsblog.com/ Archive/Archive_January_2005.htm




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Note added at 2 hrs 28 mins (2005-05-18 11:14:31 GMT)
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if you don\'t like *order*, you could use *impound notice/notice to impound*
Selected response from:

silfilla
Local time: 12:20
Grading comment
I also like "evidence Preservation order" but selected this suggestion since -- at least according to the Google hits -- it is the more common term.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1impound order / order to impoundsilfilla
4 +1evidence preservation order
Victor Dewsbery
3(Property) Confiscation OrderDr. Christopher Brooks
3guarantee declaration
Stephen Sadie


  

Answers


28 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Sicherstellungserklärung
guarantee declaration


Explanation:
or declaration of guarantee
(cf. Dietl)
At least the Sicherstellung is there and Erklärung is mostly declaration when used in the legal sense

Stephen Sadie
Germany
Local time: 18:20
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 97
Login to enter a peer comment (or grade)

42 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Sicherstellungserklärung
evidence preservation order


Explanation:
It is about collecting and preserving objects which can be used as evidence (exhibits) at a trial.
The term comes up a few times on Google.

--------------------------------------------------
Note added at 47 mins (2005-05-18 09:33:24 GMT)
--------------------------------------------------

Entries for sicherstellen include:
\"(beschlagnahmen) to impound; to detain, to put in save custody\" (Hamblock-Wessels)
\"take possession of (e.g. weapons/drugs); find/recover (stolen property/vehicles by the police)\" (Lister/Veth)

Victor Dewsbery
Germany
Local time: 18:20
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 117

Peer comments on this answer (and responses from the answerer)
agree  Kieran McCann: http://www.verkehrsportal.de/stpo/stpo_94.php...'statement' rather than 'order' perhaps?
4 mins
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
impound order / order to impound


Explanation:
is an option.

Black's Law Dictionary defines "impound" as follows:

"1. To place (something, such as a car ...) in the custody of the police or court, often with the understanding that it will be returned intact at the end of the proceeding.

2. To take and retain possession of something (such as a forged document to be produced as evidence) in preparatiton for criminal prosecution."

... carried out the impound order and confiscated tubes of the cream. ... "The laws concerning the dispensing of prescription drugs and controlled dangerous

www.state.nj.us/lps/ca/press/tube.htm

Last December, the Attorney General's Consumer Protection Division obtained a similar impound order for mail going to a commercial mail drop in Clive ...

www.consumeraffairs.com/news04/iowa_sweepstakes.html

... bar her employer from requiring a hair sample for a drug test) and that such ... the impound order was improper, and therefore the inventory search was ...

www.colorado-appealsblog.com/ Archive/Archive_January_2005.htm




--------------------------------------------------
Note added at 2 hrs 28 mins (2005-05-18 11:14:31 GMT)
--------------------------------------------------

if you don\'t like *order*, you could use *impound notice/notice to impound*

silfilla
Local time: 12:20
Specializes in field
PRO pts in category: 256
Grading comment
I also like "evidence Preservation order" but selected this suggestion since -- at least according to the Google hits -- it is the more common term.

Peer comments on this answer (and responses from the answerer)
agree  xxxAdrian MM.: notice of the impounding: www.leg.wa.gov/rcw/index.cfm?fuseaction=chapter& chapter=16.24&RequestTimeout=500
11 hrs
  -> thanks!
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1 day3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Sicherstellungserklärung
(Property) Confiscation Order


Explanation:
"A confiscation order is made after conviction to deprive the defendant of the benefit that he has obtained from crime. The prosecutor is able to take steps to preserve assets so that they are available to pay the order. If the order is not paid voluntarily then either the magistrates' court enforces the order as if it were a fine or the prosecutor may apply to the High Court to appoint a receiver."


    Reference: http://www.cps.gov.uk/legal/section21/chapter_d.html#_Toc430...
Dr. Christopher Brooks
United States
Local time: 12:20
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
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