On 1 March 2009, the new Dutch Guideline on the Confiscation of Proceeds from Crime (the “Guideline”) entered into force, replacing the former 2005 Guideline. The Guideline provides the Public Prosecution Service with rules and procedures in order to enable execution of (international) confiscation. The term “illegal gains from crime” (wederrechtelijk verkregen voordeel) is defined as any economic advantage or profit the suspect involved has gained from criminal activities. Criminal proceeds can be calculated per offence or per time period.2
Aspects covered by this extensive Guideline include:
- investigation and prosecution;
- determination of the amount of illegal gains;
- confiscation proceedings;
- international pre-judgment attachments;
- international confiscation; and
- applicable multilateral and bilateral conventions.
A bill is currently being prepared to expand the possibilities of confiscation. Should new legislation enter into force, the Guideline will be amended accordingly.