Criminal lawyer deprivation of illegally obtained benefit

The costs depend on the complexity of the case and whether the case qualifies for an addition. During an initial consultation, our criminal defense lawyer can provide a clear estimate.

For a simple claim, the deprivation claim can be handled by the court at the same time as the offense. However, a separate judgment will follow.

A complex claim may also be handled later. In that case, the claim is handled at a separate hearing. At the hearing, the judge examines the extent of the illegally obtained benefit and determines how much the defendant must pay. After the hearing, the verdict follows. The verdict can be appealed.

Yes. A lawyer deprivation can show that the calculated benefit is too high or that certain amounts were wrongly included. This can lead to reduction.

This varies from case to case. An experienced lawyer deprivation lawyer can often estimate how long your case will take and what steps are necessary.

Even after the court has imposed a deprivation order, there are still legal options. Namely, a request for reduction or remission of the payment obligation can still be filed. The court can reduce or completely remit the amount at the request of the public prosecutor, or at the substantiated request of the person involved or an aggrieved third party.

Examples of grounds for reduction or waiver:

• The individual does not have the ability to meet the payment obligation

• Payments have been made to injured parties which are deducted from the illegally obtained benefit

• The estimate of illegally obtained benefit is subsequently found to have been too high

• There was a partial acquittal, making the deprivation order improperly based on certain facts

• The payment obligation is covered by a homologated settlement in bankruptcy

If the request for reduction or remission is based on the assertion that the payment obligation imposed exceeds the benefit actually enjoyed, the request must be supported by new facts and circumstances that have not already been raised during the previous hearing.

On the other hand, if the request is about a lack of ability to pay, the request cannot be a ground for reduction or remission if reference is made only to facts and circumstances that the court has already considered in the earlier decision.

The request for reduction or remission can be filed up to 3 years after the deprivation measure has been paid or recovered.

There are 2 ways of calculating illegally obtained benefit.
The concrete benefit calculation determines what the person has earned per criminal offense. This could, for example, be the proceeds from a hemp harvest.
The abstract benefit calculation examines the extent to which the person's financial position has improved and whether there is a legal origin for this. If there is no such legal origin, the assets are considered illegally obtained benefits.

Upon reasoned request by the defendant, the judge may, pursuant to Article 36e of the Dutch Penal Code Code, if the defendant's present and reasonably foreseeable future ability to pay will not be sufficient to meet the amount to be paid, take this into account in determining the amount to be paid. Without such a request, the court may apply this power ex officio or at the request of the prosecutor.

Once the amount to be paid is irrevocably determined, you are obligated to pay it. If payment is not made, in an extreme case, the prosecutor can ask the court to detain. This is called hostage-taking and does not affect the payment obligation.

In some situations, the court may reduce or remit the payment obligation imposed. This may occur, for example, if the judge's estimate of the extent of the illegally obtained benefit turns out to be too high or if the person concerned is unable to meet the payment obligation imposed on him due to lack of financial capacity.