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: Netherlands

Interim measures in view of confiscation (504)

1. MEASURE IMPLEMENTATION

Netherlands

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

See under section 501, 1 Furthermore, According to the Dutch law seized goods can be sold after seizure during the criminal procedure in anticipation of the confiscation order in the end. This sale by public auction before the judgment can only be done if the good is not suitable for storage, if there is a discrepancy between the value of the good and the storage costs (f.e. if the good decreases in value during storage) and if the good is replacable and the value can easily be determined. It is also possible that the suspect or the person under whom the good was seized pays a security for the good. In that case the good can be returned to the suspect/the person under whom the good was seized. The public prosecutor can decide whether or not this opportunity will be used.

2. LEGAL FRAMEWORK

Netherlands

International legal framework applicable for this measure in your Member State

See under section 501, 1 The UNTOC treaty (New York, 15 November 2000).

3. COMPETENT AUTHORITY TO:

Netherlands

* receive the request/decision for judicial cooperation

See under section 501, 3 a.

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

N/A

4. ACCEPTED LANGUAGES

Netherlands

Accepted languages for the request/decision

See under section 501,4.

5. EXECUTION DEADLINE

Netherlands

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

See under section 501,5

6. CONCISE LEGAL PRACTICAL INFORMATION

Netherlands

a. Special requirements

See under section 501,6 a.

b. Other useful information

See under section 501, 6 b.

Last reviewed on 6 July 2016 by EJN Secretariat

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • ® 2021 EJN. All Rights Reserved