Criminal activities must not yield financial benefits. Through a deprivation measure, the judge in Leiden can recover illegally obtained profits. This is a separate procedure from the criminal case and aims at restoring justice.
What does deprivation entail?
Deprivation of unlawfully obtained advantage (article 36e Dutch Criminal Code) is a legal measure whereby the judge orders a convicted person to pay a monetary amount corresponding to the profit obtained from criminal activities.
Objective
- Prevent crime from paying off financially
- Recover criminal income
- Deter future crimes
- Restore the original lawful situation
When is deprivation applied?
In specific situations, a deprivation measure may be imposed by the court in Leiden.
Requirements
- There must be a conviction for a criminal offence
- Verifiable advantage must have been obtained from this offence or similar offences
- Or: there are sufficient indications of advantage from other facts
How is the advantage calculated?
The illegally obtained advantage is estimated by the judge based on available data.
Calculation Methods
| Method | Description |
|---|---|
| Transaction analysis | Calculation per specific criminal offence |
| Financial cash flow analysis | Comparison of income and expenses |
| Asset analysis | Analysis of asset growth over a period |
Procedure in Leiden
The deprivation procedure runs separately from the criminal case and is handled by the District Court of The Hague, Leiden location.
Step-by-Step Plan
- Financial investigation by the public prosecution service (SFO)
- Filing of a deprivation claim by the Public Prosecution Service
- Assessment by the judge in Leiden
- Judgment in the form of a deprivation judgment
- Possibility of appeal
Conservatory Seizure
To prevent assets from being dissipated, the judge may impose a conservatory seizure.
Possible Seizure Objects
- Bank funds
- Real estate
- Cars and other vehicles
- Valuable goods
- Digital currencies such as Bitcoin
Execution of the Measure
After the judgment, the determined amount must be paid to the state.
Consequences of Non-Payment
- Imposition of a coercive fine or imprisonment
- Execution of seizure on assets
- Possibility of a payment arrangement
Reduction of the Amount
In some cases, the judge in Leiden may decide to reduce the deprivation amount.
Reasons for Reduction
- Financial capacity of the convicted person
- Statute of limitations or age of the criminal offences
- Other relevant circumstances
Difference between Deprivation and Forfeiture
| Criterion | Deprivation | Forfeiture |
|---|---|---|
| Subject | Financial amount | Physical objects |
| Basis | Estimated criminal profit | Specific items |
| Process | Separate procedure | Part of the criminal case |
Frequently Asked Questions about Deprivation in Leiden
How is the amount of the deprivation determined?
The judge estimates the unlawfully obtained advantage using methods such as transaction analysis (per offence), cash flow comparison (income versus expenses) or asset growth analysis. The Public Prosecution Service conducts a financial investigation and files a claim. Reduction is possible in case of limited financial capacity or other factors.
Can I appeal against a deprivation decision?
Yes, you can file an appeal through your lawyer at the court of appeal. This must be done within the statutory period (often 14 days). The appeal may concern the amount or the legality of the measure.
What if I cannot pay the deprivation amount?
In case of non-payment, the Public Prosecution Service may seize your assets, such as bank accounts or real estate. In addition, imprisonment or a coercive fine may be imposed. A payment arrangement is sometimes possible.