Fiches Belges

Assets (including bank accounts) can be seized: as instrumentalities or direct proceeds from crime (object confiscation); 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); to secure the possibility to (in the end) collect an imposed fine; to secure the possibility to (in the end) compensate victims.

Regulation (EU) 2018/1805 (for Denmark and Ireland: FD 2003/577/JHA)

The public prosecutor (in case of value based confiscation after written authorization from the examining judge). The police or other investigative authority will actually seize the asset after the public prosecutor has given the order. The local ARO is competent in urgent and complex cases

EU freezing order based on the Regulation 2018/1805 on Freezing and Confiscation: Dutch/English Requests for legal assistance (Denmark and Ireland): Dutch/French/English/German

There is no time limit to the seizure of assets. The assets remain seized as long as the criminal procedure takes. The public prosecutor or the examining judge can limit the seizure to a certain period. Any interested party can complain against the seizure at any moment. The court will then decide whether there are still enough grounds for the continuing of the seizure.

Seized goods can be sold after seizure during the criminal procedure in anticipation of the confiscation order in the end. - sale by public auction- if the good is not suitable for storage, or- if there is a discrepancy between the value of the good and the storage costs, and - if the good is replaceable and the value can easily be determined. The suspect or the person under whom the good was seized can pay 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. In case of value based confiscation the estimated amount that the suspect has gained with the criminal activity should be mentioned. If, for the seizure, according to the law of the requesting member state a court order is needed. This order should be enclosed or it should be mentioned that such an order has been issued. In case of MLAT: It should be mentioned that there is the intention that in the end a final confiscation order will be transferred to the Netherlands for the (partially) execution.