The reform of confiscation law introduced in 2017 also included the creation of an instrument of non-conviction-based confiscation in §§ 76a StGB [German Criminal Code] and 437 StPO [German Code of Criminal Procedure]. The structure of the new sanction is examined, as is the question of its classification as criminal punishment, including the consequences of this decision on the question of retroactivity and observance of the principle of ne bis in idem. The potential of rules facilitating the proof of criminal origin of an object is discussed, especially relating to the concrete form the legislator has given to § 437 StPO