Article 36e Dutch Criminal Code (confiscation of criminal proceeds)

By /
Closed steel safe next to a stack of bound blank documents

Article 36e of the Dutch Criminal Code (Wetboek van Strafrecht, Sr) is the legal basis for the confiscation order (ontnemingsmaatregel). At the prosecution’s request, the court can order a convicted person to pay the state an amount equal to the unlawful benefit (wederrechtelijk verkregen voordeel) obtained from crime. The order is made in a separate court decision.

Is confiscation a punishment?

No. It is a measure, not a penalty. Its aim is to put the convicted person back in the financial position they were in before the offence. The court therefore does not weigh guilt or the seriousness of the offence, but the amount of benefit.

Which gains can be confiscated?

  • Benefit from the offence for which you were convicted (first paragraph).
  • Benefit from similar offences or offences with a fifth-category fine, if there are sufficient indications that you committed them (second paragraph).
  • In the extended variant (third paragraph): after conviction for an offence carrying a fifth-category fine (up to 110,000 euro in 2026), it is enough that it is plausible that crime led to benefit. Statutory presumptions then apply to expenditure and assets in the six years before the offence.

How do confiscation proceedings work?

The prosecutor must file the claim as soon as possible and no later than two years after the judgment at first instance (Article 511b Code of Criminal Procedure). The calculation is often based on a police or FIOD report. The court may estimate the benefit. You can dispute the calculation and argue that costs you actually incurred should be deducted. To secure payment, assets can be seized at an early stage under Article 94a Code of Criminal Procedure.

Frequently asked questions

Can the court rely on estimates?

Yes, but you can challenge them with documents, such as invoices showing fewer harvests or higher costs.

Is the hearing separate from the criminal trial?

Usually yes. Confiscation has its own claim and hearing, often after the criminal judgment.

Related terms

For help with a confiscation claim, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.