Carrying or keeping cash at home is not illegal. Yet large amounts of money quickly attract the attention of law enforcement, customs authorities, and the police. In the course of criminal investigations, it is not uncommon for cash to be seized – sometimes even when the person carrying it is not a suspect themselves.
This raises many questions: can the police simply take your money? What rights do you have when your savings or business funds are confiscated? And what can you do to get your money back? In this blog, we explain the legal framework, the safeguards that exist, and what you need to watch out for if you find yourself in this situation.
| Key legal question What are the statutory rules and the most important case law on the seizure of cash in the Netherlands, and what rights does the person affected have? |
1. The legal basis: when can the police seize cash?
The power to seize cash is primarily governed by the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, WvSv). There are two main legal grounds:
Article 94 WvSv – Establishing the truth
Under Article 94 WvSv, all objects that may serve to establish the truth or to demonstrate unlawfully obtained proceeds may be seized. Cash is explicitly included, particularly where there is a suspicion of money laundering, fraud, or another financial offence. The threshold for this type of seizure is relatively low: no judicial authorisation is required as long as there is a reasonable suspicion of guilt.
Article 94a WvSv – Recovery of assets
Article 94a WvSv provides a second legal ground: seizure to secure the recovery of a future fine or the confiscation of unlawfully obtained proceeds. This so-called conservatory seizure is a more far-reaching measure, since the money can also be held when it serves solely as security for a future sanction. In principle, this type of seizure requires a written authorisation from the investigating judge (rechter-commissaris) under Article 103 WvSv.
Storage of seized cash
The practical handling of seized cash is governed by the Decree on Seized Items (Besluit inbeslaggenomen voorwerpen). Under Article 4 of this Decree, seized cash must be deposited as soon as possible into a bank account held by the custodian – typically the Central Fine Collection Agency (CJIB). As a result, you lose not only physical access to your money, but also any potential return on it during the seizure period.
2. Your rights: what safeguards exist?
The law provides those affected with a number of important safeguards. It is crucial that you are aware of these rights and exercise them actively, as they are not always automatically applied on your behalf.
Right to a receipt
When the police seize your cash, you are entitled to a written receipt. This document records the amount and the circumstances of the seizure. Keep it carefully: it is your primary piece of evidence in any subsequent procedure to have the seizure lifted.
The complaint procedure (Article 552a CCP)
You can challenge the lawfulness of a seizure by filing a written complaint (klaagschrift) with the court. In this complaint, you request the court to lift the seizure and return your money. The court will assess whether the interests of criminal proceedings justify the continuation of the seizure. If you file a well-substantiated complaint in time, you are entitled to be heard. Do not wait: the longer you delay, the more firmly the seizure tends to become entrenched.
The court’s duty to give reasons
If you raise specific objections to the seizure – for example, by demonstrating the lawful origin of the money – the court is obliged to address those objections explicitly. A court that ignores your arguments without giving reasons acts contrary to the prevailing case law of the Supreme Court (Hoge Raad).
Proportionality and subsidiarity
A seizure must be proportionate. If the amount seized is significantly higher than the expected fine or confiscation order, that may be grounds for (partial) lifting. You must raise this yourself: the court is not obliged to assess proportionality of its own motion, but once you introduce this argument, it is bound to consider it.
3. What does case law say? Recent judgments reviewed
The Dutch Supreme Court (Hoge Raad) has, in recent years, further refined the rules and safeguards surrounding the seizure of cash. Below you will find the most relevant lines from recent decisions.
Proportionality review on request (HR 2025:804 and HR 2023:128)
The Supreme Court has confirmed that a court dealing with a complaint is not required to assess proportionality of its own motion. However, as soon as a person raises concrete objections – such as demonstrating the lawful origin of the money or pointing to a disproportionate seizure amount – the court must explicitly test those objections against the requirements of proportionality and subsidiarity. This makes a well-substantiated complaint essential.
Ownership test in third-party claims (HR 2024:1123)
Where a third party claims that the seized money belongs to them rather than to the suspect, the court must assess whether that ownership claim is established beyond reasonable doubt. If insufficient evidence is provided, the seizure remains in place. This sets a high evidential standard for third parties seeking to reclaim seized funds.
Interests of criminal proceedings as the test (HR 2023:166 and HR 2024:442)
A seizure may continue as long as the interests of criminal proceedings require it – whether for the purpose of establishing the truth or demonstrating unlawfully obtained proceeds. Seizure is only unlawful if it is not highly improbable that the court will later order the money to be forfeited or returned. If a realistic prospect of return exists, you have strong grounds for challenging the seizure.
Procedural errors as grounds for unlawfulness (RBROT 2025:3360)
Seizure of cash is sometimes found to be unlawful due to procedural errors – for example, if the seizure was carried out outside the officer’s competence or did not fall within the scope of the investigative measure. In such cases, the court may lift the seizure regardless of whether the money was lawfully obtained.
4. How do you demonstrate the lawful origin of your cash?
One of the most practical challenges following a seizure is demonstrating that the cash was lawfully obtained. The burden of proof in this regard effectively rests with you: you must make it plausible that the money does not derive from criminal activity. The stronger your documentation, the stronger your position.
Relevant forms of evidence include:
- Bank statements showing the withdrawal or transfer of the funds
- Tax returns and assessments supporting the existence of the assets
- Invoices, contracts, or payment records for cash business transactions
- Inheritance or gift documentation (notarial deeds, bank statements of transfers)
- Statements from third parties (notary, accountant, family members) regarding the origin of the funds
Bear in mind that your own statement alone is generally insufficient. The more objective, written documentation you can provide, the greater the likelihood that the court will find the lawful origin of the money sufficiently established.
5. Practical tips if your cash is seized
- Always ask for a written receipt at the moment of seizure. Note the date, time, and the name of the officer involved.
- File a complaint with the court promptly. Do not wait and do not be reassured by vague promises of return.
- Gather evidence of the lawful origin of the money as quickly as possible: bank statements, tax documents, contracts, and third-party statements.
- Ask your lawyer whether the seizure is based on Article 94 or 94a WvSv. This determines which defences and procedural steps are most likely to succeed.
- Check whether the seized amount is proportionate to the expected sanction. If there is a significant disparity, raise this explicitly in your complaint.
- For large amounts or complex situations, always engage a specialist criminal or asset recovery lawyer. The complaint procedure has strict requirements and demands specific legal expertise.
Frequently Asked Questions (FAQ)
1. Can the police simply take my cash?
Yes, but not without a legal basis. Under Article 94 WvSv, the police have the power to seize money if there is a reasonable suspicion of a criminal offence and the money is relevant to the investigation. For conservatory seizure under Article 94a WvSv, a judicial authorisation is generally required. Seizure is therefore not arbitrary – it is subject to statutory conditions.
2. I am not a suspect. Can my money still be seized?
Yes, this is possible. A seizure under Article 94a WvSv may also be imposed on money belonging to a third party – for example, a family member or business associate of a suspect. In that case, you have the right to act as a complainant in the complaint procedure and challenge the lawfulness of the seizure. The court will then assess whether your ownership claim is established beyond reasonable doubt.
3. How much cash am I allowed to carry?
There is no statutory maximum for the amount of cash you may carry in the Netherlands. However, when crossing an EU border, there is a duty to declare amounts of €10,000 or more (EU Regulation 2018/1672). If this obligation is not complied with, the money may be retained. Within the Netherlands, the police may also take action in relation to lower amounts if there is a concrete suspicion of a criminal offence.
4. What is a complaint (klaagschrift) and when should I file one?
A complaint is a written application to the court requesting the lifting of the seizure. It is filed with the court that has jurisdiction in your case. There is no strict statutory deadline, but it is advisable to act as quickly as possible: the longer you wait, the more firmly the seizure tends to be viewed as ‘necessary’. Engage a lawyer to draft the complaint effectively and identify the most promising lines of defence.
5. How long can my money remain seized?
In principle, for as long as the interests of criminal proceedings require it. In complex criminal cases, this can sometimes take years. If you file a complaint and the court finds that the interests of criminal proceedings no longer justify the seizure, or that the money is demonstrably of lawful origin, it must be returned. Without action on your part, the money may be held until the end of the criminal proceedings.
6. Will I receive interest if my money was seized unlawfully?
The law does not automatically provide for interest compensation. In some cases, you may apply for compensation under Article 591a CCP for costs incurred, but full interest compensation over the seizure period is not legally straightforward. This is one of the reasons why taking timely legal action is so important.
7. What if my money has already been forfeited?
If the court in the criminal proceedings has ordered the forfeiture of the money, there is generally no way back. Forfeiture is a final measure. You may lodge an appeal against the criminal judgment if you disagree with it. For this reason, it is essential to substantiate the lawful origin of the money as early as possible – during the complaint procedure or at the outset of the criminal proceedings.
8. Can I also face cash seizure at customs?
Yes. At border controls, customs officers or the Royal Military Constabulary (Koninklijke Marechaussee) may seize cash if you have failed to declare €10,000 or more when entering or leaving the EU, if there are indications of money laundering or other criminal offences, or if the money is connected to an ongoing criminal investigation. The same rights apply: you may object and seek legal assistance.
Conclusion
The seizure of cash is subject to strict statutory rules and procedural safeguards. The police cannot simply take your money: there must be a legal basis, and you always have the right to challenge the lawfulness of the seizure.
But those rights do not exercise themselves. You must take action: file a complaint, document the lawful origin of the funds, and contest the proportionality of the seizure. If you do not, your money may remain frozen for a long time – sometimes for years.
Do not wait. Ask for a receipt immediately, build your documentation, and engage a specialist lawyer in good time. This will help prevent your money from being held any longer than necessary and maximise your chances of a successful recovery.
| Do you have questions about the seizure of cash? The lawyers at Law & More specialise in criminal law and asset recovery proceedings. Contact us at www.lawandmore.nl or [email protected] for a no-obligation consultation. |
Key sources
• Articles 94 and 94a Code of Criminal Procedure (WvSv)
• Article 103 WvSv (judicial authorisation by the investigating judge)
• Article 552a CCP (complaint procedure)
• Decree on Seized Items (Besluit inbeslaggenomen voorwerpen), art. 4
• EU Regulation 2018/1672 (declaration obligation at border crossings)
• HR 18 April 2025, ECLI:NL:HR:2025:804
• HR 31 January 2023, ECLI:NL:HR:2023:128
• HR 2024, ECLI:NL:HR:2024:1123
• HR 14 February 2023, ECLI:NL:HR:2023:166
• HR 2024, ECLI:NL:HR:2024:442
• Rb. Rotterdam 2025, ECLI:NL:RBROT:2025:3360
