Court allows confiscation order for drug profits, rejecting reasonable time limit defense and adjusting amounts via proportional sharing.
Netherlands (NL)
Legislator summary
AI generatedThe court granted the prosecutor's request to confiscate €510,731.03 in illicit profits derived from a cannabis cultivation operation. The defendant argued that the proceedings exceeded the reasonable time limit, but the court rejected this claim by establishing the timeline began only when the prosecutor formally indicated intent to pursue confiscation. Consequently, the court validated the confiscation order while applying a proportional division method to allocate the total illicit gain among co-defendants due to lack of specific financial records.
Legislator headnote
AI generatedArticle 36e, fifth paragraph of the Criminal Code; Article 3:108 of the Civil Code; The reasonable time limit for confiscation proceedings commences when the prosecutor indicates intent to pursue the measure, not when the underlying criminal case begins; where joint profits are involved and individual shares are unknown, the court may determine liability based on proportional shares.