ARTICLE
14 July 2011

Act On Confiscation Of Criminal Proceeds

DB
De Brauw Blackstone Westbroek N.V.

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De Brauw Blackstone Westbroek is a leading international law firm, trusted by clients for over 150 years due to its deep engagement with their businesses and a clear understanding of their ambitions. While rooted in Dutch society, the firm offers global coverage through its network of top-tier law firms, ensuring seamless, tailored legal solutions. De Brauw’s independence enables it to choose the best partners while remaining a trusted, strategic advisor to clients worldwide.

The firm emphasizes long-term investment in both its client relationships and its people. De Brauw’s legal training institutes, De Brauwerij and The Brewery, cultivate diverse talent, preparing the next generation of top-tier lawyers through rigorous training and personal development. Senior leadership traditionally rises from within, maintaining the firm’s high standards and collaborative culture.

Legislation broadening the scope for confiscating criminal proceeds took effect 1 July 2011.
Netherlands Criminal Law

Legislation broadening the scope for confiscating criminal proceeds took effect 1 July 2011. The aim of the new legislation is to provide the police and the public prosecutor with more effective tools to combat organised crime, including:

  • The introduction of an evidentiary presumption, so that if a convicted person is unsuccessful in demonstrating that relevant assets were obtained in a legal manner, such assets are eligible for confiscation by the public prosecutor.
  • The seizing of assets from third parties without demonstrating criminal origin. Criminal defendants often try to conceal assets by transferring them to third parties. Under the new legislation, action can be taken to prevent this type of transfer. Under the former law, the public prosecutor had to prove that the assets had a criminal origin. The new legislation does not impose this requirement.
  • The investigation of the defendant's assets may be conducted both before and after conviction. The aim of the investigation is to ensure that payment obligations are met.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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