Article 94a Code of Criminal Procedure (conservatory seizure)

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Empty witness chair and a glass of water in a wood-panelled courtroom

Article 94a of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) is the basis for conservatory seizure (conservatoir beslag) in criminal cases. It allows the prosecution to seize assets, such as bank balances, cars and real estate, to secure later payment of a fine, a confiscation order (ontnemingsmaatregel) or a compensation order (schadevergoedingsmaatregel).

What can the seizure secure?

  • First paragraph: a fine, if you are suspected of an offence carrying a fifth-category fine (110,000 euro in 2026).
  • Second paragraph: a future confiscation of unlawful gains, in case of suspicion of or conviction for such an offence.
  • Third paragraph: a compensation order for the victim under Article 36f Criminal Code, if you are suspected of an offence carrying a fourth-category fine (27,500 euro in 2026).

Can assets of third parties be seized?

Yes. Under the fourth paragraph, assets of another person can be seized if there are sufficient indications that the suspect transferred them to frustrate recovery, and the third party knew or could reasonably suspect this.

Who decides on the seizure?

The public prosecutor needs prior authorisation from the investigating judge (rechter-commissaris) under Article 103 Sv. Seizure can take place long before trial, sometimes years before the hearing.

How can you challenge a seizure?

Any interested party, such as the suspect or a third-party owner, can file a complaint (klaagschrift) with the district court under Article 552a Sv. Typical arguments are that the seizure is disproportionate, exceeds the likely claim, or covers assets that belong to someone else.

Frequently asked questions

Does seizure mean I will be convicted?

No. It is a security measure. The criminal court decides later on guilt and any payment.

Can my partner’s share of the home be affected?

It can be seized only within the limits of the fourth paragraph; otherwise your partner can object through a complaint.

Related terms

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