Forfeiture (verbeurdverklaring) is an additional penalty by which the court transfers ownership of objects to the State. It covers items obtained through the offence or used to commit it. Under Article 33 of the Dutch Criminal Code, forfeiture can be imposed on conviction for any criminal offence.
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Which objects can be forfeited?
Article 33a lists them: objects obtained wholly or largely through the offence or its proceeds, objects used to commit or prepare it, objects used to obstruct the investigation, and objects made or intended for the offence. “Objects” includes all goods and property rights, so money in a bank account too. Third-party property can only be forfeited if the owner knew or could reasonably have suspected the link to the offence.
How does it differ from withdrawal and confiscation?
Forfeiture is a penalty and requires a conviction. Withdrawal from circulation (onttrekking aan het verkeer, Articles 36b-36d) is a measure for items whose uncontrolled possession is unlawful or against the public interest, such as drugs or prohibited weapons; it is also possible without a conviction. A confiscation order (ontneming, Article 36e) requires payment of an amount equal to the unlawfully obtained benefit, usually in separate proceedings.
What if the object was not seized?
The court then sets a monetary value. You must hand over the object or pay that amount (Article 34). Seizure (inbeslagneming) during the investigation often prepares for forfeiture; anyone with an interest can challenge a seizure through a complaint to the court (Article 552a Code of Criminal Procedure).
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