ECLI:NL:RBNNE:2019:2821 ECLI:NL:RBNNE:2019:2821 AI generated

Court orders defendant to pay €32,188.52 in illicit gains despite defense claims of insufficient earning capacity.

Case Number ECLI:NL:RBNNE:2019:2821

Court / Authority Rechtbank Noord-Nederland

Jurisdiction

Netherlands (NL)

Decision Date 2019-06-04

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court ordered the defendant to pay €32,188.52 to the state for the recovery of illicitly obtained benefits based on a police report. The defense argued that the calculation was overly rough and that the defendant lacked the financial capacity to pay due to his drug dealing background. The court rejected both arguments, ruling that capacity issues are generally addressed during execution and that the evidence supported the full amount.

Legislator headnote

AI generated

Art. 36e, lid 5 Ws; Art. 577b Ws: The court must determine the full amount of illicit gains based on available evidence, and a lack of current ability to pay does not justify reducing the order unless it is certain the defendant will never be able to pay in the future.

Keywords

AI generated

illicit gains recovery drug trafficking profits financial capacity defense state restitution order Wetboek van Strafrecht Wetboek van Strafvordering procedural timeline