Article 420bis Dutch Criminal Code (money laundering)

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Article 420bis of the Dutch Criminal Code (Wetboek van Strafrecht, Sr) criminalises intentional money laundering (witwassen). It covers hiding or concealing the true nature, origin, location or owner of an object, and acquiring, possessing, transferring, converting or using it, while knowing it derives directly or indirectly from a crime. The maximum penalty is six years’ imprisonment or a fifth-category fine.

What counts as an object?

Objects (voorwerpen) include all goods and property rights. Cash, money in a bank account, cars, real estate and cryptocurrency can all be laundered. The object must originate from a crime, but the prosecutor does not need to prove exactly which crime produced it.

What are the other forms of money laundering?

  • Article 420bis.1 Sr: simple money laundering, for acquiring or possessing an object that comes from your own crime.
  • Article 420ter Sr: habitual money laundering (gewoontewitwassen).
  • Articles 420quater and 420quater.1 Sr: culpable money laundering (schuldwitwassen), where you should reasonably have suspected the criminal origin.

How is money laundering proven?

When facts and circumstances point to a criminal origin, the suspect may be expected to give a concrete, verifiable explanation for the money or goods. The Public Prosecution Service (Openbaar Ministerie) then investigates that explanation. Bank statements, purchase agreements and tax returns are often decisive. If the explanation holds up and nothing contradicts it, laundering cannot be proven.

Frequently asked questions

Is carrying a lot of cash money laundering?

Not in itself. But a large unexplained cash amount can lead to suspicion, and then a documented explanation is important.

Can assets be seized during the investigation?

Yes. Objects can be seized as evidence or to secure a later confiscation order.

Related terms

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