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

Confiscation (505)

1. MEASURE IMPLEMENTATION

Netherlands

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

Netherlands

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. 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. Within the EU a foreign confiscation order can be transferred to the Netherlands on the basis of the EU framework regarding the Mutual Recognition of Confiscation Orders

3. COMPETENT AUTHORITY TO:

Netherlands

* receive the request/decision for judicial cooperation

The central authority for the Treaty based transfers is the ministry for Justice and Security The central authority for the framework decision regarding the Mutual Recognition of confiscation orders is the Central Fine Collection Agency (CJIB).

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

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.

4. ACCEPTED LANGUAGES

Netherlands

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

Netherlands

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Netherlands

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 20 March 2019 by Tools Correspondent

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