Chapter III

in force

Confiscation

Mutual Recognition of Financial Penalties Act (Wet wederzijdse erkenning en tenuitvoerlegging geldelijke sancties en beslissingen tot confiscatie) · Articles: 19

Section 1

Recognition and enforcement of foreign confiscation orders

22 Article 22

This Section applies to a decision on confiscation from another Member State of the European Union that is not bound by Regulation 2018/1805.

23 Article 23

In the event of a concurrence of decisions as referred to in Article 6, paragraph 1, point (b), the public prosecutor shall decide which confiscation…

24 Article 24

The public prosecutor shall refuse the recognition and enforcement of the confiscation order if:

24a Article 24a

The public prosecutor shall refuse the recognition and enforcement of the confiscation order if the certificate indicates that the convicted person…

25 Article 25

The public prosecutor may refuse the recognition and enforcement of a confiscation order if the offence for which the confiscation order was imposed:

26 Article 26

The enforcement of a decision for confiscation may be suspended if:

27 Article 27

The convicted person, as well as interested parties, may lodge an appeal against the recognition and enforcement of a confiscation decision with the…

28 Article 28

If the monetary amount obtained from the enforcement of the confiscation order exceeds € 10,000, half of the total proceeds shall be transferred to…

29 Article 29

If the public prosecutor refuses the recognition and enforcement of the confiscation order pursuant to Article 24, paragraph 1, Article 24a…

30 Article 30

Objects in respect of which the issuing Member State has transmitted a confiscation order to the Netherlands for the purpose of recognition and…

Section 2

Recognition and enforcement of Dutch confiscation orders

31 Article 31

This Section applies to a decision on confiscation from another Member State of the European Union that is not bound by Regulation 2018/1805.

32 Article 32

The right to enforcement in the Netherlands of the decision transmitted to the executing Member State shall remain in effect, without prejudice to…

33 Article 33

If Our Minister decides that the execution of the confiscation order in the executing Member State must be discontinued, he shall notify the…

Section 3

Confiscation orders pursuant to Regulation 2018/1805

34 Article 34

This Section applies to a confiscation order from another Member State of the European Union that is bound by Regulation 2018/1805.

35 Article 35

A confiscation order shall be recognised in accordance with Regulation 2018/1805. Insofar as the order relates to the confiscation of:

36 Article 36

The public prosecutor or Our Minister may refuse the recognition or, as the case may be, the execution of a confiscation order if one of the grounds…

37 Article 37

If the public prosecutor receives two or more confiscation or freezing orders from different Member States issued against the same person or relating…

38 Article 38

Prior to the decision on the recognition of a confiscation order, objects may be seized in accordance with the third section of Title IV of the First…

39 Article 39

The convicted person, as well as interested parties, may lodge an appeal against the decision of the public prosecutor regarding the recognition and…