Courts would seize expensive items bought with crime money

The council of ministers has agreed, on a proposal from Justice and Security Minister Van Weel, to send the bill to the Tweede Kamer. It implements the European Confiscation Directive and creates new confiscation proceedings that start from the criminal assets themselves, not from a person.

Why it matters

• Criminal assets could be confiscated even if the suspect has not been convicted.
• Assets could also be taken when no suspect has been identified.
• Expensive items paid for with criminal money can be seized under the new procedure.

Van Weel said: “We must stop crime from paying. That is why criminal assets are at the heart of the new confiscation procedure this bill introduces. Expensive goods bought with criminal money can also be seized without a suspect having to be convicted. That way we can seize assets more effectively.”

The EU agreed the rules on confiscating criminal assets more effectively in 2024, and Dutch law is being amended to comply. Aligning criminal procedures across member states is meant to make cooperation easier. The national asset recovery offices are also to work more closely together.

Changes after advice from the Council of State

The Council of State advised that the scope of the procedure, and how it relates to criminal procedure, be better justified. The explanatory notes have been expanded as a result.

The bill now states that the procedure covers valuable items linked to an offence from which considerable economic gain can be made. It also allows an appeal against a court decision to confiscate criminal assets.