ECLI:NL:RBROT:2019:5775
ECLI:NL:RBROT:2019:5775
AI generated
Court allows confiscation of illegal profit based on one proven crop due to insufficient evidence of multiple harvests.
Netherlands (NL)
Legislator summary
AI generatedThe court allowed the prosecutor's request to confiscate illegal profits but reduced the claimed amount from €106,153 to €15,407. The defense argued that seven crops were harvested, yet the court found only one harvest proven between 2015 and 2017. Consequently, the court calculated the profit based on a single crop and deducted electricity costs already paid to Stedin.
Legislator headnote
AI generatedArticle 36e of the Criminal Code; where the frequency of illegal acts cannot be fully proven, the court must base the confiscation calculation on the minimum proven instances rather than assuming continuous or multiple occurrences.
Keywords
AI generated
confiscation of illegal profit
Wetboek van Strafrecht
drug cultivation evidence
proven instances standard
electricity cost deduction
prosecution burden of proof
single harvest calculation
Cited Legislation
AI generatedArticle 36e of the Criminal Code
artikel 36e van het Wetboek van Strafrecht
Cited Case Law
AI generatedRelated Decisions
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Court orders defendant to pay €181,634.26 in illicit gains from cannabis cultivation and theft, adjusting the calculation period and deducting utility debts.
ECLI:NL:RBMNE:2014:3384
Dutch court orders defendant to pay state €415k for illegal cannabis cultivation profits despite defense arguments.
ECLI:NL:RBGEL:2025:8897
Court orders partial confiscation of illegal profit from cannabis farm based on three co-beneficiaries.
ECLI:NL:RBLIM:2015:7952
Court dismissed confiscation claim against co-defendant due to lack of evidence proving separate illegal gain from other crimes.
ECLI:NL:RBMNE:2015:5629
Court orders confiscation of €11,140 illegal cannabis profit based on proven cultivation facts.