Carrying or keeping cash is not illegal in the Netherlands, but the police and customs can seize it if there is a suspicion of a criminal offence, even when you are not a suspect yourself. You can challenge the seizure with a written complaint (klaagschrift) to the court under Article 552a of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv), and the stronger your proof of where the money came from, the better your chances.
Below we explain on which legal grounds cash can be seized, which safeguards apply, what recent Supreme Court case law says, and what you can do to get your money back.
On what legal basis can the police seize cash?
There are two main grounds. Under Article 94 Sv cash can be seized to establish the truth or to show unlawfully obtained proceeds; under Article 94a Sv it can be seized as security for a future fine or confiscation order.
Which ground applies determines what you can argue and what is likely to happen to the money at the end of the case. Always ask which of the two was used. Our criminal defence practice deals with both.
Seizure to establish the truth (Article 94 Sv)
Under Article 94 Sv, any object that may help establish the truth or show unlawfully obtained proceeds can be seized. Cash is a typical example, especially when there is a suspicion of money laundering, drug dealing or fraud.
The threshold is relatively low. An investigating officer can seize cash when there is a suspicion of a criminal offence; no prior authorisation from a judge is needed. At the end of the case, the court decides whether the money is forfeited, withdrawn from circulation or returned.
Conservatory seizure (Article 94a Sv)
Under Article 94a Sv, money can be seized to secure payment of a future fine or a confiscation order (ontnemingsmaatregel). This is called a conservatory seizure (conservatoir beslag).
It goes further than a seizure under Article 94 Sv, because the money does not have to be connected with the offence: it serves only as security. In principle it requires written authorisation from the investigating judge (rechter-commissaris) under Article 103 Sv. In certain circumstances, money belonging to someone other than the suspect can also be seized in this way.
What happens to seized cash?
Seized cash is normally deposited into a bank account held by the custodian as soon as possible. You lose access to the money for as long as the seizure lasts.
The rules on storage are set out in the Decree on Seized Items (Besluit inbeslaggenomen voorwerpen). The money itself is not used up, but you cannot spend or invest it, and a seizure can last a long time.
What rights do you have when your cash is seized?
You are entitled to a written receipt and you can file a complaint with the court. The court must deal with your concrete arguments, including arguments about proportionality.
These rights are not always applied automatically. You must invoke them yourself.
Right to a receipt
When the police seize your cash, you are entitled to a written receipt (bewijs van inbeslagneming) stating the amount and the circumstances. Keep it carefully: it is your primary evidence in any later procedure.
Also write down the date, the time, the place and the name or number of the officer, as soon as you can.
The complaint procedure (Article 552a Sv)
You can ask the court to lift the seizure and return the money by filing a written complaint. The court hears the complaint in chambers, and you are entitled to be heard.
A complaint can be filed while the criminal case is pending and up to three months after the case has ended. It is filed with the court where the case is being or will be heard. Do not wait with a complaint: the longer the seizure has lasted, the harder it is to argue that it is no longer needed.
What test does the court apply?
The court assesses whether the interests of the criminal investigation require the seizure to continue. The test is strict for the person filing the complaint.
For a seizure under Article 94 Sv, the complaint only succeeds if it is highly improbable that the criminal court will later order forfeiture or withdrawal from circulation of the money. For a conservatory seizure under Article 94a Sv, the question is whether it is highly improbable that a confiscation order or a fine will be imposed. That is why a documented explanation of the lawful origin of the money is worth far more than a general complaint that the seizure is unfair.
Proportionality and subsidiarity
A seizure must be proportionate. If the amount seized is much higher than the expected fine or confiscation order, that can be a reason to lift the seizure in part.
The court does not have to assess this on its own initiative. Once you raise it with concrete arguments, however, it must examine it and give reasons.
What does recent case law say?
The Supreme Court (Hoge Raad) has sharpened the rules on complaints about seized cash in recent years. The common thread is that the court must deal seriously with concrete, documented arguments.
Proportionality is examined when you raise it
In a judgment of 31 January 2023 (ECLI:NL:HR:2023:128), the Supreme Court held that the court does not have to examine proportionality and subsidiarity of its own motion. It must do so if the complainant argues that his interest in getting the money back outweighs the interest of the investigation.
In a judgment of 27 May 2025 (ECLI:NL:HR:2025:804), the complainant argued that the amount seized under Article 94a Sv was far higher than the expected confiscation order. The lower court had rejected that argument by referring to the summary nature of the complaint procedure. The Supreme Court held that the lower court should have examined the argument in substance.
A credible explanation must be addressed
In a judgment of 7 February 2023 (ECLI:NL:HR:2023:166), the seized cash had, according to the complainant, just been withdrawn from his bank account. The Supreme Court found that the lower court had not sufficiently explained why the seizure should continue, given that explanation.
Third parties who claim the money
If someone other than the suspect claims to own the seized money, the court examines whether that person can reasonably be regarded as the rightful owner (rechthebbende). In a judgment of 3 September 2024 (ECLI:NL:HR:2024:1123), the Supreme Court set aside a decision that had not dealt with the detailed explanation a third party gave about her money transfer business.
A judgment of 26 March 2024 (ECLI:NL:HR:2024:442) concerned a minor who claimed items seized in the home of his parents. The Supreme Court held that the court must assess whether the minor qualifies as owner, but upheld the seizure on another ground: the investigation against the mother required it.
Procedural errors
A seizure can also be unlawful because of a procedural error, for example when it falls outside the scope of the authorised investigative measure. In that case, the court can lift the seizure regardless of where the money came from.
The Rotterdam District Court reached that conclusion on 7 March 2025 (ECLI:NL:RBROT:2025:3360). A European Delegated Prosecutor had seized cash under an investigation order that covered documents and evidence of spending, but not the seizure of cash itself.
How can you show that the money is lawful?
In practice you must make it plausible that the money does not come from crime. Objective, written documents carry the most weight.
Useful evidence includes:
- bank statements showing the withdrawal or transfer of the money;
- tax returns and assessments that show the existence of the assets;
- invoices, contracts or cash registers for business transactions;
- notarial deeds or bank statements relating to an inheritance or gift;
- statements from a notary, accountant or others about the origin of the funds.
Your own statement alone is usually not enough. Keep in mind that an explanation you give to the police at the moment of seizure will be compared with later documents. If you are a suspect, it is often wise to consult a lawyer before explaining where the money came from.
Can customs seize your cash at the border?
Yes. When you enter or leave the EU with EUR 10,000 or more in cash, you must declare it to customs under EU Regulation 2018/1672. If you do not, customs can temporarily detain the money.
Customs or the Royal Netherlands Marechaussee (Koninklijke Marechaussee) can also detain cash below that amount if there are indications that it is connected with criminal activity. Within the Netherlands there is no maximum amount of cash you may carry, but a large amount without a clear explanation can lead to a money laundering investigation.
What should you do if your cash is seized?
Ask for a receipt, find out the legal basis, gather evidence of the lawful origin and file a complaint in time. Do not rely on vague promises that the money will be returned.
- Ask for a written receipt at the moment of seizure and note the date, time and officer.
- Ask your lawyer whether the seizure is based on Article 94 or Article 94a Sv, because this determines the best arguments.
- Gather evidence of the lawful origin of the money as quickly as possible.
- Check whether the amount seized is in proportion to the expected fine or confiscation order, and raise it explicitly if it is not.
- File a complaint with the court, with the documents attached.
Complaints about large amounts or complex cases benefit from a lawyer who knows confiscation and asset recovery proceedings. If the criminal court orders forfeiture in the final judgment, you can only challenge that through an appeal against that judgment.
In summary
- Carrying or keeping cash is legal, but it can be seized under Article 94 or Article 94a Sv, also from people who are not suspects.
- You are entitled to a receipt and can file a complaint under Article 552a Sv, at the latest three months after the case has ended.
- The complaint only succeeds if it is highly improbable that the money will be forfeited or used for a confiscation order.
- Documented proof of lawful origin and concrete proportionality arguments carry the most weight.
- When crossing an EU external border with EUR 10,000 or more, you must declare it.
Frequently asked questions about seized cash and your rights
Can the police simply take my cash?
Not without a legal basis. Under Article 94 Sv, cash can be seized if there is a suspicion of a criminal offence and the money is relevant to the investigation. A conservatory seizure under Article 94a Sv generally requires authorisation from the investigating judge.
I am not a suspect. Can my money still be seized?
Yes, in certain circumstances. You can then file a complaint yourself. The court examines whether you can reasonably be regarded as the rightful owner and whether the interests of the investigation still require the seizure.
How much cash am I allowed to carry?
Within the Netherlands there is no statutory maximum. When you enter or leave the EU with EUR 10,000 or more, you must declare it to customs under EU Regulation 2018/1672. The police can also act on lower amounts if there is a concrete suspicion of a criminal offence.
What is a complaint (klaagschrift) and when should I file one?
A complaint is a written request to the court to lift the seizure and return the money. You can file it while the case is pending and no later than three months after the case has ended. File it as early as possible, with documents showing where the money came from.
How long can my money remain seized?
As long as the interests of the criminal investigation require it. In complex cases this can take years. If the court finds that the seizure is no longer justified, the money must be returned.
Will I receive interest if my money was seized unlawfully?
The law does not automatically provide for interest. After the case ends, you can in some cases ask for compensation of costs, such as legal fees, but full compensation for lost interest is not straightforward. That is one more reason to act quickly.
What if my money has already been forfeited?
If the criminal court has ordered forfeiture in its judgment, you can only challenge that by appealing against the judgment. That is why it is important to show the lawful origin of the money early, in the complaint procedure or at the start of the case.
Can I also face cash seizure at customs?
Yes. Customs or the Royal Netherlands Marechaussee can detain cash if you did not declare EUR 10,000 or more when entering or leaving the EU, or if there are indications of money laundering or another offence. You can challenge that as well.
Is it illegal to keep or carry a large amount of cash?
No. Keeping or carrying cash is not illegal in itself. Large amounts can, however, attract the attention of the police and customs and may be seized if there is a suspicion of a criminal offence.
What happens to my cash once it has been seized?
It is normally deposited into a bank account held by the custodian. You cannot access the money until the seizure is lifted or the court decides what happens to it.
Am I entitled to proof that my cash was seized?
Yes. You are entitled to a written receipt stating the amount and the circumstances of the seizure. Keep it: it is important evidence in any later procedure.
Can I challenge the seizure of my cash?
Yes, by filing a complaint with the court under Article 552a Sv. Support it with documents about the origin of the money and, where relevant, arguments about proportionality.
Law & More acts in criminal proceedings and asset recovery matters and can assess a seizure and prepare the complaint. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
