Confiscation of Unlawfully Obtained Profit in Utrecht

Crime must not pay. With a confiscation measure, the court can seize criminal profits. This is separate from the sentence and aims to restore the lawful situation.

What is confiscation?

Confiscation of unlawfully obtained profit (art. 36e Sr) is a measure by which the court can order a convicted person to pay a monetary amount equal to the profit obtained from crimes.

Purpose

• Crime must not pay
• Seizure of criminal profit
• Prevention (deterrence)
• Restoration of the lawful situation

When is confiscation imposed?

Confiscation can be imposed in certain cases.

Conditions

• Conviction for a criminal offence
• Profit obtained from that offence or similar offences
• Or: profit from offences for which sufficient indications exist

Calculation of profit

The unlawfully obtained profit is estimated.

Methods

Method	Application
Transaction calculation	Per criminal offence
Cash statement	Compare income and expenses
Asset comparison	Compare assets over period

Procedure

The confiscation procedure runs separately from the criminal case.

Course

1. Criminal financial investigation (SFO)
2. Confiscation claim by the Public Prosecution Service
3. Hearing by the court
4. Confiscation judgment
5. Possibly appeal

[Conservatory attachment](https://rechtshulptilburg.nl/encyclopedie/uitlevering-verdachte)

To prevent assets from disappearing, a conservatory attachment can be imposed.

Attachment objects

• Bank accounts
• Real estate
• Vehicles
• Luxury goods
• Cryptocurrency

Enforcement

After the confiscation judgment, the amount must be paid.

In case of non-payment

• Penalty payment or corporal constraint (detention)
• Executory attachment
• Payment arrangement possible

Moderation

The court may moderate the confiscation amount.

Grounds for moderation

• Financial capacity of the convicted person
• Age of the facts
• Other circumstances

Confiscation vs. forfeiture

Aspect	Confiscation	Forfeiture
What	Monetary amount	Objects
Basis	Estimated profit	Concrete objects
Procedure	Separate from criminal case	In the criminal case

Frequently asked questions

What is my right of withdrawal?

For online purchases, you have a 14-day right of withdrawal without giving a reason, unless statutory exceptions apply.

How long does the statutory warranty last?

Goods must last at least 2 years. Defects arising within 6 months are presumed to have been present already.

Can I claim interest on debts?

Yes, you can claim statutory interest (currently approximately 8% per year) on the outstanding amount.

What can I do against unfair trading practices?

You can file a complaint with the consumer association, the government, or go to court.

What is a credit agreement?

A credit agreement regulates how you borrow money, what the interest is, and how you repay it.

## Frequently asked questions **How is the confiscation amount determined?** The amount is estimated based on the unlawfully obtained profit. For this, the court uses various methods, such as transaction calculation (per criminal offence), cash statement (income vs. expenses) or asset comparison (assets over a certain period). The Public Prosecution Service (OM) conducts a financial investigation and files a claim. The court may moderate the amount based on financial capacity or other circumstances. **Can I object to a confiscation measure?** Yes, you can appeal a confiscation judgment. You do this through your lawyer, who can challenge the judgment at the court of appeal. The appeal focuses on the amount, the calculation method or the legality of the measure. Ensure you file the appeal within the statutory period (usually 14 days). **What happens if I do not pay the confiscation amount?** If you do not pay the amount, the Public Prosecution Service can impose executory attachment on your assets, such as bank accounts, real estate or vehicles. A penalty payment or corporal constraint (detention) may also be imposed. In some cases, a payment arrangement is possible, but you must apply for this yourself with the Public Prosecution Service. **What is the difference between confiscation and forfeiture?** Confiscation aims to seize criminal profits (monetary amount) and runs separately from the criminal case. Forfeiture concerns concrete objects (e.g. drugs, weapons) that have been seized and is imposed during the criminal case. Confiscation targets financial profit, while forfeiture concerns tangible items. **Can the court reduce the confiscation amount?** Yes, the court can moderate the amount if there are special circumstances, such as limited financial capacity, advanced age or if the facts occurred long ago. Your lawyer can submit a request for this during the hearing of the confiscation claim. **Why is conservatory attachment imposed?** Conservatory attachment is imposed to prevent your assets from disappearing before the confiscation