Aruba court orders confiscation of illicit gains and imposes substitute detention for non-payment of fines.
Legislator summary
AI generatedThe court of first instance in Aruba ordered the confiscation of illicit gains totaling Afl. 387,375.08 from the defendant, who was convicted of money laundering and failure to declare currency. The defense argued that amounts already seized in the Netherlands and declared forfeit in the main judgment should be deducted from the confiscation order. The court rejected this argument, ruling that the seized and forfeited funds had already been removed from the defendant's assets, thereby establishing the remaining balance as the actual illicit gain to be confiscated.
Legislator headnote
AI generatedArtikel 1:77 Wetboek van Strafrecht; Artikel 1:59 Wetboek van Strafrecht: When calculating illicit gains for confiscation, amounts already seized abroad or declared forfeit in the main judgment must be deducted only if they remain part of the defendant's assets; if the defendant's assets have been depleted by such prior actions, the remaining balance constitutes the illicit gain subject to confiscation.