Criminal activities must not yield financial gain. Through a deprivation measure, the court can recover illegally obtained profits. This is separate from the criminal penalty and aims at restoring justice.
What does deprivation entail?
Deprivation of unlawfully obtained advantage (Article 36e Sr) is a legal measure whereby the court orders a convicted person to pay an amount corresponding to the profit from criminal activities.
Objective
- Prevent crime from paying off
- Recover criminal income
- Deter future crimes
- Restore the lawful state
When is deprivation applied?
Deprivation is possible under specific circumstances.
Requirements
- There must be a conviction for a criminal offence
- Verifiable advantage obtained from that offence or similar offences
- Or: advantage from offences with sufficient evidence
How is the advantage calculated?
The unlawfully obtained advantage is estimated by the court.
Calculation methods
| Method | Application |
|---|---|
| Transaction analysis | Per criminal offence |
| Financial balance | Income versus expenses |
| Asset analysis | Change in assets over time |
Procedural steps
The deprivation procedure runs independently of the criminal case.
Process flow
- Financial investigation by the prosecution (SFO)
- Filing of deprivation claim by the Public Prosecutor's Office
- Assessment by the court
- Ruling on deprivation
- Possibility of appeal
Conservatory Seizure
To prevent assets from disappearing, the court may impose a conservatory seizure.
Possible seizure objects
- Bank funds
- Real estate
- Cars and other vehicles
- Valuable possessions
- Digital currency
Execution of the measure
After the ruling, the determined amount must be paid.
Consequences of non-payment
- Coercive measures or detention
- Execution of seizure on assets
- Possibility of payment arrangement
Moderation of the amount
The court may decide to reduce the deprivation amount.
Reasons for moderation
- Financial capacity of the convicted person
- Passage of time since the facts
- Other relevant factors
Deprivation versus Forfeiture
| Characteristic | Deprivation | Forfeiture |
|---|---|---|
| Subject | Financial amount | Physical goods |
| Basis | Estimated profit | Specific objects |
| Process | Separate from criminal case | Within criminal case |
Frequently asked questions about deprivation in Rijswijk
How does the court determine the deprivation amount?
The amount is determined based on an estimate of the unlawfully obtained advantage. Methods such as transaction analysis, financial balance or asset comparison are used. The Public Prosecutor's Office conducts an investigation and files a claim, while the court may adjust the amount based on capacity or other factors.
Can I object to a deprivation decision?
Yes, you can file an appeal against the ruling through your lawyer. This must be done within the statutory period (usually 14 days) and may concern the amount or the legality of the measure.
What if I cannot pay the amount?
In case of non-payment, the Public Prosecutor's Office may seize your assets, such as bank accounts or real estate. In addition, coercive measures or detention may be applied. A payment arrangement is sometimes possible.