Fiches Belges: Países Bajos
Medidas provisionales en vistas de decomiso (504) 1. MEASURE IMPLEMENTATION |
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.
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2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | See under section 501, 1
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3. COMPETENT AUTHORITY TO: |
* 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 |
Accepted languages for the request/decision | See under section 501,4. |
5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | See under section 501,5 |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | See under section 501,6 a. | b. Other useful information | See under section 501, 6 b. |
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