Criminal activities must not yield profit. Through a confiscation measure, the court can confiscate illegally obtained profits. This is separate from the criminal sanction and aims to rectify the situation.
What does confiscation entail?
Confiscation of unlawfully obtained advantage (Article 36e of the Criminal Code) is a legal measure whereby the court orders a convicted person to pay an amount corresponding to the profit from criminal activities.
Objective
- Criminality must not yield advantage
- Strip illegal profits
- Preventive effect (deterrence)
- Restoration of justice
When is confiscation applied?
Confiscation can be imposed under specific circumstances.
Conditions
- There is a conviction for a criminal offence
- Advantage is obtained from this offence or similar offences
- Or: advantage from offences with sufficient evidence indications
How is the advantage calculated?
The illegally obtained advantage is estimated by the court.
Calculation Methods
| Method | Application |
|---|---|
| Transaction analysis | Per criminal offence |
| Financial balance | Income versus expenses |
| Asset analysis | Compare assets over a time period |
Procedure in Zoetermeer
The confiscation procedure runs independently of the criminal case and can be handled at the District Court of The Hague, under which Zoetermeer falls.
Step-by-Step Plan
- Financial investigation by the prosecution (SFO)
- Filing of a confiscation claim by the Public Prosecutor's Office
- Assessment by the court
- Judgment in a confiscation ruling
- Possibility of appeal
Conservatory Seizure
To prevent assets from disappearing, the court may impose a conservatory seizure.
Possible Seizure Objects
- Bank funds
- Real estate
- Cars and other vehicles
- Valuable goods
- Digital currencies such as Bitcoin
Execution of the Measure
After the judgment, the determined amount must be paid.
Consequences of Non-Payment
- Coercive measures or detention (bodily constraint)
- Execution of seizure on assets
- Possibility of a payment plan
Moderation of the Amount
The court may decide to reduce the amount to be paid.
Reasons for Moderation
- Financial capacity of the convicted person
- Statute of limitations or age of the facts
- Other relevant factors
Confiscation versus Forfeiture
| Characteristic | Confiscation | Forfeiture |
|---|---|---|
| Subject | Financial amount | Physical objects |
| Basis | Estimated profit | Specific items |
| Process | Separate from criminal proceedings | Within criminal proceedings |
Frequently Asked Questions about Confiscation in Zoetermeer
How does the court determine the confiscation amount?
The court estimates the illegally obtained advantage using methods such as transaction analysis (per offence), financial balance (income and expenses) or asset analysis (asset development over time). The Public Prosecutor's Office conducts an investigation and files a claim, but the court may adjust the amount based on capacity to pay.
Can I object to a confiscation decision?
Yes, you can, through your lawyer, lodge an appeal with the court of appeal against the confiscation judgment. This may concern the amount or the legality. File this within the prescribed period (often 14 days).
What if I cannot pay the amount?
In case of non-payment, the Public Prosecutor's Office may seize your assets, such as bank accounts or real estate. In addition, detention (bodily constraint) may be imposed. A payment arrangement is sometimes possible.