Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Холандия

Конфискация (505)

1. MEASURE IMPLEMENTATION

Холандия

Is this measure possible in your Member State under International Judicial Cooperation?

YES, Assets can be confiscated: A) as instrumentalities or direct proceeds from crime (object confiscation); B) to secure the possibility to execute (in the end) an imposed measure to return to the state a certain amount as illegally obtained assets (value based confiscation); Further see under section 501, 1.

2. LEGAL FRAMEWORK

Холандия

International legal framework applicable for this measure in your Member State

For the transfer of a foreign confiscation order to the Netherlands, there must always be a relevant treaty or EU instrument. EU requests: - Confiscation orders can be transferred to the Netherlands on the basis of Regulation (EU) 2018/1805. (Or for Denmark and Ireland on the basis of FD 2006/783/JHA). The competent authority in the Netherlands will recognize the confiscation order. After recognition the convicted person will be informed and has a right to appeal the decision to recognize and enforce the confiscation order. MLA: The treaties that provide for the possibility of asset recovery can be used as a basis for the transfer of a foreign confiscation order to the Netherlands. (f.e. the Convention on laundering, search, seizure and confiscation of the proceeds from crime, (8 November 1990, Strasbourg), Convention of the Counsel of Europe on laundering, search, seizure and confiscation of the proceeds from crime and the finance of terrorism (16 May 2005, Warsaw) or the United Nations conventions such as the UN convention on the Illicit Traffick in Narcotic Drugs and Psychotropic Substances (10 December 1988, Vienna), the UNTOC treaty (New York, 15 November 2000). In general the foreign confiscation order will be converted into a Dutch confiscation order. The convicted person will be summonsed to appear before a regional court for this conversion procedure.

3. COMPETENT AUTHORITY TO:

Холандия

* receive the request/decision for judicial cooperation

EU requests: The central authority for Regulation (EU) 2018/1805 and FD 2006/783/JHA is the Central Fine Collection Agency (CJIB). MLA: The central authority for the Treaty based transfers is the Ministry of Justice and Security.

* execute/recognise the measure (if other than the receiving authority)

EU requests: The competent authority to recognize EU confiscation orders under Regulation (EU) 2018/1805 (or FD 2006/783/JHA) is the public prosecutor of the public prosecutor’s office of Noord-Nederland. The competent authority for the execution of the EU confiscation orders is the Minister of Justice and Security, and on his behalf the Central Fine Collection Agency (CJIB). MLA: In general, on the basis of a treaty, the foreign confiscation order will be converted into a Dutch confiscation order. The convicted person will be summonsed to appear before a regional Court for this conversion procedure. After this conversion there is a possibility to appeal against this decision. The competent authority for the execution of a foreign confiscation order, after it has been converted into a Dutch confiscation order, is the Minister of Justice and Security, and on his behalf the Central Fine Collection Agency (CJIB).

4. ACCEPTED LANGUAGES

Холандия

Accepted languages for the request/decision

Treaty based transfer of confiscation order: Dutch/French/German/English EU framework decision regarding the mutual recognition of confiscation orders: Dutch/English. Only the certificate has to be translated.

5. EXECUTION DEADLINE

Холандия

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Холандия

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 29 октомври 2021 by Tools Correspondent
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